SATVIR SINGH GODARA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two petitioners who were working as police constables were dismissed from service by the impugned order dated 3.7.1995 passed by the Disciplinary authority, namely, the Superintendent of Police, Sri Ganganagar.

(2.) An enquiry upon the charges framed under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as the CCA Rules, 1958) was instituted against them and charges against both the them was that on 2.4.1994 out of six accused persons, Purna Ram, Kuldeep Singh, Jagat Pal, Raji alias Balvindra Singh, Billu, Nakli alias Darshan, who were being taken by these two police constables to the Court of learned Munsif and Judicial Magistrate, Sadulshahar, the two accused persons, namely, Nakli @ Darshan Singh and Billu after Court hearing escaped from their custody by collusion with these two police constables and one of the petitioners Satveer Singh who unfortunately died during the pendency of this writ petition took these two accused persons, to their village from Sadulshahar in jeep No. HRN 3489 and there, these two accused persons escaped from his custody and after return, they reported the matter to the local police Station at Sadulshahar. The allegation against the petitioner, namely, Jai Singh Meghwal was that he was also hands-in-glove with the accused persons and he permitted Satveer Singh to take away these two accused persons and did not report the matter to the local police station.

(3.) An enquiry was held against the two delinquent constables by the Additional Superintendent of Police, Hanumangarh and the enquiry report dtd. 19.6.1995 is on record. In the enquiry the petitioners were fourd guilty after recording the statements of various persons like P.W.1 Joginder Singh, a Home Guard, who checked the jeep in question in the middle of the way from Sadulshahar to Alipura, PW.2 Neela Singh, P.W.3 Jamna Das, Driver of the jeep in which the petitioner Satveer Singh took these two accused persons from Sadulshahar to their village Alipura on 2.4.1994. P.W.4 Mahendra Kumar, SHO Police Station Sadulshahar, PW.5 Purna Ram (accused), PW.6 Jagat Pal (accused), PW.7 Kuldeep Singh and PW.8 Sh. Hari Prasad Katara, CO, Sangaria, An FIR under Sections 222 and 223 I.P.C. was also registered, namely, FIR No. 83/1994 in the Police Station Sadulshahar which was exhibited as Ex. P/3 against these two police constables.