MUMTAZ KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner was recruited as a Constable having been regularly selected in Aug. 1959 and ever since was working in the Police Establishment.

(2.) A complaint was filed against the petitioner by one Nasir Khan on 21. 9. 1995 upon which complaint the petitioner was charge- sheeted on 18. 7. 1996. It was mentioned in the complaint that the petitioner was convict in criminal case No. 28/52 of July 1952 having been so convicted in the year 1954 i. e. 5 years before the recruitment. It was the allegation that against Col. No. 8 of the application he had omitted to mention the fact whether he was involved in any criminal case or was a convict and, thus he had violated the Rajasthan Civil Service Conduct Rules, 1971. The petitioner replied and stated that he does not remember as to what he had filled in the application form but had stated that the offence u/sec. 147/323/325/4 IPC did not fall within the offences involving moral turpitude and the action being taken against him be dropped. Enquiry is said to have been held and he was issued show cause notice on 28. 4. 1997 with the proposed punishment of removal from service and ultimately vide Annexure-6 dated 13. 5. 1998, the petitioner was removed from service. Being aggrieved the petitioner has filed the present writ petition.

(3.) THE following facts are necessary to be enumerated:- THE petitioner was appointed as Constable on 5. 8. 1959. THE verification form which is on record and also attached as Annex. 1 to the written statement was not filled up before the appointment but after the appointment which was sent for verification to SHO Sikar by the SP, Jaipur. Had the Police Department including the SHO Sikar verified the fact in regard to Col. 8 and the so called concealment, the decision should have been taken immediately on his appointment or immediately thereafter of the fact whether he was to be retained in service or not. Nothing has been brought on record to show that the SHO Sikar had done his duty in regard to verification. THEre is no such verification on record. THE complaint is received in the year 1995 and the charge-sheet is issued in the year 1996 and in September 1998 the petitioner is dismissed form service which dismissal entails retrial disqualification as per the rules.