HANUMAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE facts which are necessary for the disposal of this writ petition can briefly be stated here under :

(2.) THE petitioner was appointed as Constable in the service of the Police Department of the Government of Rajasthan in the year 1965. He continued to serve in that capacity till he was removed from service by order dated 12. 5. 76 of the Commandant, 4th Battalion, Rajasthan Armed Constabulary, Bikaner, under whom he was working at that time. THE petitioner was involved in a criminal case of private nature. He was treid, along with six other persons, for offence u/ss. 148 and 307 of the Indian Penal Code. THE learned Sessions Judge, Bikaner, convicted the petitioner u/ss. 147 and 323 of the Indian Penal Code, in Sessions Case No. 35/75 State of Rajasthan v. Shiv Pratap Singh. THE learned Sessions Judge sentenced the petitioner to imprisonment of one year and six months respectively on two counts and directed that both the sentences shall run concurrently. An appeal was filed by the petitioner against his conviction and in the S. B. Criminal Appeal. No. 226/76 decided on 02. 1. 81, the High Court partly allowed the appeal and the sentence was reduced to the period for which the petitioner has remained under custody.

(3.) MR N. S. Acharya, learned Additional Government Advocate, submitted that the" competent authority had passed the order dated 12. 5 76, after due application of mind. The conduct of the petitioner was taken into account, before passing the impugned order. The competent authority has come to the conclusion that retention of the petitioner in public service was underirable and therefore, the order of dismissal from service was passed. The petitioner is a member of the Police Force of the State and the duties of the Police Force is to maintain law and order, to prevent commission of offences to investigate and apprehend offenders and to produce evidence in the court of law for conviction of persons who are found guilty of offences under various statutes. If a member of such Force is himself found guilty of having committed an offence and is convicted by a Court of law, the only proper course for the Departmental Authorites is, to remove from service. This is not only proper but necessary and also in public interest.