SAWAI SINGH Vs. STATE

JUDGEMENT

(1.) THE appellant-original petitioner has challenged in the special appeal the judgment and order dated 10. 10. 2000 passed by the learned Single Judge of this Court dismissing the writ petition No. 3147/2000 filed by him.

(2.) THE appellant was appointed on the post of constable by a common order of appointment at Annex. 1. His services were straight away terminated by the impugned order dated 15. 10. 1984 passed by the Superintendent of Police, Ajmer on the ground that by producing forged caste certificate, he obtained service in the police department for which criminal case No. 90/84 was registered against him with the Civil Lines Police Station, Ajmer for the offences punishable u/s. 420, 467, 466 and 471 IPC. THE said case was tried as criminal case No. 1672/86 by the learned Civil Judge and Judicial Magistrate, Ajmer Court No. 3 who, by his judgment and order dated 20. 1. 1997, acquitted the appellant- accused by giving him benefit of doubt.

(3.) BEFORE parting, we must make it clear that this Court has discretionary jurisdiction under Article 226 of the Constitution and when on peculiar facts of the case the learned Single Judge has refused to exercise discretion in favour of the appellant- petitioner on the ground of gross delay and latches of 16 years in challenging the termination order than certainly this Court would not interfere with such discretionary orders in special appeal.