KESAR KHAN Vs. STATE AND ORS.

JUDGEMENT

(1.) The petitioner appears to have been compelled to approach this Court in a matter which could be settled by State Government at its own on his representation having been made in compliance of order dt. 12/09/2006 (Ann.8) of this Court in CWP-3768/98, but having been rejected without assigning reasons vide order dt. 11/12/2007 (Ann.11).

(2.) To examine the controversy, it is relevant to jot down certain facts. Petitioner was appointed as Constable in Rajasthan Police Subordinate Service on 11/06/1965. However, criminal case (FIR-84/89) came to be registered at police station Civil Lines, Jaipur on 23/06/1989 against petitioner who happens to be father-in-law of complainant and other family members for offences Under Sec. 498-A and 406, IPC. Taking note of criminal case being registered (supra), disciplinary proceedings were initiated against him; however, on being held guilty of allegation of misconduct, was inflicted with a penalty of dismissal from service vide order dt.08/02/1991 - against which appeal U/r 23 of Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 ("CCA Rules") was preferred by petitioner and his appeal was allowed by appellate authority and order of his dismissal was set aside vide order dt.16/08/91 (Ann.1) with the observation that final fate of disciplinary proceedings would be conclusive and based on fate of criminal case pending against him. However, to his utter dismay, petitioner was convicted by Judl. Magistrate NO.3, Ajmer for offences Under Sec. 498-A and 406; and sentenced to undergo rigorous imprisonment for six months vide judgment dt. 31/01/1992 (Ann.5). Taking note of the conviction (supra), petitioner was dismissed from service while passing fresh order by disciplinary authority on 15/02/1993 (Ann.2) - against which appeal and review petition were filed which were rejected on the premise of judgment of conviction being passed against him vide orders dt.05/06/1993 (Ann.3) and 10/03/1995 (Ann.4).

(3.) Against judgment of conviction dt. 31/01/1992 (Ann.5), petitioner preferred criminal appeal which was allowed by Additional Sessions Judge NO.1, Ajmer vide judgment dt. 24/01/1998 (Ann.6) whereby he was acquitted from offences Under Sec. 498-A and 406, Penal Code and order of his conviction (Ann.5) was accordingly set aside. Taking note of acquittal (supra), petitioner submitted representation before the authority for reconsideration on account of change in circumstances having taken place, which was made to be basis at one stage while passing order of his dismissal from service but no orders were passed by respondents; as such CWP-3768/1998 was preferred by petitioner but the same was disposed of by this Court vide order dt.12/09/2006 (Ann.8) directing the respondents to decide his representation within six months, in the light of his order of acquittal; however, his representation remained pending which compelled him to approach this Court by way of contempt petition and upon show cause notice being issued by this Court, representation of petitioner was decided and rejected vide order dt.20/11/2007 (Ann.10) on the premise that in disciplinary inquiry, he was found guilty and looking to the nature of criminal charges imputed against him, it would not be in the fitness of things to permit him to join the service. It appears that further representation made was rejected vide order dt.11/12/2007 (Ann.11) which has been assailed by way of instant petition.