MANUDEV Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) The petitioner, a Constable with Rajasthan Police was served with a memorandum under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short 'the Rules of 1958' hereinafter), with an allegation that he purchased stolen properties i.e. Jeep No.RJ-09-C-1157 and Motor Cycle No.RJ-02-0747 and sold those further. An FIR No.160/2004 was also registered for the said offence and he was arrested during the investigation of the case aforesaid, as such, he tarnished the image of the Police Department.

(2.) The petitioner denied the allegations, thus, a regular enquiry was initiated and the Deputy Superintendent of Police (SC/ST) Cell, Chittorgarh was appointed as the enquiry officer. 2 The enquiry officer held the petitioner guilty for all the charges under the enquiry report dated 19.6.2006 and the same along with the record of enquiry was forwarded for proper action to the disciplinary authority. A copy of the enquiry report was supplied to the petitioner seeking his comments and in response thereto, a detailed representation was submitted by the petitioner. The disciplinary authority vide order dated 30.11.2006/1.12.2006 while agreeing with the findings given by the enquiry officer held the petitioner guilty for the allegation of misconduct and removed him from service.

(3.) An appeal preferred by the petitioner also came to be rejected by the Deputy Inspector General of Police, Udaipur under an order dated 7.5.2007.