TEJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved by the order of penalty dated 16/5/1990 (Ann.6) by which, he along with two other delinquents were awarded penalty of reduction to the minimum of scale of pay for a period of three years and with direction that he shall not be allowed any other benefit except the subsistence allowance for the period of suspension from 22/7/1989 to 13/2/1990 when he was reinstated. It was further directed that the period of suspension shall not be counted towards the increments, pension, gratuity and leave etc. Petitioner has also challenged the order by which, his appeal was dismissed vide order dated 17/7/1991 and the order dated 18/8/1995 by which, his revision was dismissed.

(2.) The first charge against the petitioner Head Constable and other two Constables namely; Kanwarlal and Motilal was that when they were entrusted the custody of Ramesh, detenue under the National Security Act, to take him in their protection to the Court on 21/7/1989, they instead of straightway going to the Court, reached to the Barbour's shop to get the hair of detenue Ramesh cut and did not make payment to the Barbour.

(3.) The second charge was that they allowed detenue Ramesh to ask his friend Shankar to fetch the bottle of wine and thereafter all the three delinquents with Ramesh consumed liquor and in that intoxicated state, brought detenue Ramesh to Sub Jail Ramganjmandi.