SITA RAM KHICHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner was initially appointed on the post of Constable on 4. 11. 1953. He was promoted as Head Constable in the year 1966 and then as Asstt. Sub Inspector in the year 1975. He was terminated vide order dated 2. 7. 1979 by the Supdt. of Police Kota.

(2.) IT is the case of petitioner that there was police agitation in the year 1979, although the petitioner had not taken any part in the agitation, treating the petitioner to be involved in the agitation, a case was registered against the petitioner under Sec. 3/4 of Rajasthan Police (Incitement of Disaffection) Ordinance, 1979 the order dated 2. 7. 1979 (Annex. 1) came to be passed dismissing the petitioner from service. The order 2. 7. 1979 came to be passed while exercising the powers under Article 311 (2) of the Constitution of India and after being satisfied that it was not expedient to hold any enquiry. The petitioner filed the appeal.

(3.) THE petitioner has also filed the additional affidavit in court to the effect that he had been acquitted from the court in the case pending for the offence under Sec. 3/4 of Rajasthan Police (Incitement of Disaffection) Ordinance, 1979 vide order dated 29. 4. 92. THE copy of which has been placed on record. THE trial court had acquitted the petitioner holding that the prosecution had failed to prove the case against the petitioner of participating in the agitation. It is also stated in the additional affidavit to the effect that Ram Ratan Gautam, ASI, who was similarly removed from service and had filed the writ petition, had been reinstated by cancelling the order of removal vide order dated 24. 9. 96 (Ann. 9 ). Similar is that case of one Krishan Murary, whose appeal was earlier rejected on 31. 3. 90 by the authority but his representation has been accepted vide order dated 31. 12. 94 (Ann. 10) and he has been reinstated. THE petitioner has given some other examples of R. P. Tiwari, Narendra Kumar Rajview, Megh Nath Mishra and Sansar Chaurasia etc. and stated that he is being discriminated.