PRATAP SINGH Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 3.6.1998 against the respondents with the prayer that by an appropriate writ, order or direction, the order dated 26.6.1995 (Annex. P/3) passed by the respondent No. 1 Superintendent of Police, Churu (Disciplinary Authority) by which the Disciplinary Authority found the petitioner guilty of the charge framed against him in the departmental enquiry under Rule 17 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as 'the CCA Rules') and thus, imposed the penalty of withholding of three annual grade increments without cumulative effect upon the petitioner, and further the order dated 4.9.1995 (Annex. P/5) passed by the respondent No. 2 Dy. Inspector General of Police, Bikaner Range, Bikaner (Appellate Authority) by whcih the appeal of the petitioner was dismissed and furthermore, the order dated 23.9.1997 (Annex. P/7) passed by the Dy. Secretary, Government of Rajasthan, Jaipur by which the review petition of the petitioner was dismissed, be quashed and set aside.

(2.) THE case of the petitioner as put forward by him in this writ petition is as follows:

(3.) THE further case of the petitioner is that he preferred an appeal against the order of the Disciplinary Authority dated 26.6.1995 (Annex. P/3) before the respondent No. 2 Dy. Inspector General of Police, Bikaner Range, Bikaner (Appellate Authority), but the same was dismissed by the respondent No. 2 Appellate Authority through order Annex. P/5 dated 4.9.1995 without assigning any reason and thus, that order Annex. P/5 is also a non -speaking order.