RAJESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this writ petition, a challenge has been made to the order of dismissal and subsequent order passed on appeal/review. The petitioner was charge-sheeted with the charge of absence from the duty and committing rape of a girl belongs to the reserved caste. This was when petitioner was holding the post of Constable in the Police Department. Both the charges were held to be proved in the inquiry and accordingly order of dismissal was passed taking into consideration the gravity of the offence.

(2.) Learned counsel for petitioner submits that the inquiry officer himself recommended the punishment in the case though he has no authority to do so. The order of dismissal, therefore, deserves to be set aside on the aforesaid ground itself.

(3.) It is further urged that a criminal case was also lodged against the petitioner wherein he was acquitted by order dated 21.10.2002 at Annexure-3. It was taken to be a case of consent, hence, petitioner should not have been dismissed from the service merely for the reason that the prosecutrix became pregnant in between. The case of the Department was not even supported by the prosecutrix in the inquiry, thus all these reasons, petitioner deserves to be reinstated in service by setting aside the order of dismissal.