ASHOK KUMAR SOLANKI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner within a short period of his joining as a Constable was discharged from service on 1. 2. 1994 for being absent from duty without information from 11. 9. 1993 to 16. 12. 1993.

(2.) HE had joined as Constable on 26. 5. 1993. HE filed an appeal before the Deputy Inspector General of Police, the same was rejected. But the Director General of Police had accepted the appeal. The petitioner was allowed to be reinstated. The period from 11. 9. 1993 to 16. 12. 1993 was regularised by sanctioning him extraordinary leave without pay; But he was issued a memorandum of charge-sheet dated 27. 7. 1996 for initiating disciplinary proceedings against him under the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 on the allegations that he was wilfully absent from 11. 9. 1993 to 16. 12. 1993 for 95 days. The allegations were denied; The enquiry officer was appointed. Witnesses were produced against the petitioner and even the petitioner had produced certain defence. Enquiry report was submitted against the petitioner vide Annexure-2. Show cause notice was issued and ultimately vide impugned order dated 31. 3. 1998 (Annex. 4) the petitioner was removed from service. Appeal was filed against such an order which was dismissed vide Annexure-6. review application was also dismissed in December, 1998 and being aggrieved against the orders Annexure-4, 6 and 8, the petitioner submitted the present writ petition.

(3.) FOR the reasons mentioned in above the impugned order of termination and all consequent orders are hereby set aside. The petitioner shall be entitled for reinstatement with all consequential benefits, which may be accrued to him, as if no termination order is passed.