RATIRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this writ petition filed by the petitioner , the petitioner has prayed for quashing order dated 16.08.2002 (Annex.-11), order dated 20.11.2002 (Annex.-12) and order dated 29.05.2003 (Annex.-13) with all consequential benefits and further prayed that the respondents may be directed to treat the petitioner in service as if he remained on duty throughout.

(2.) As per facts of the case, the petitioner was appointed on the post of Constable in the Rajasthan Armed Constabulary in the year 1989 and he worked as such with utmost satisfaction of all concerned. Respondent No.3 issued a show-cause notice on 03.12.2000 along with charge-sheet under Rule 16 of the Rajasthan Civil Services (C.C.A.) Rules, 1958 and, upon receiving such charge-sheet the petitioner filed an application on 15.12.2000 for demanding record of the preliminary inquiry for filing reply to the show-cause notice.

(3.) Vide communication dated 20.12.2000, the petitioner was directed to file his reply without supplying copies. Hence, again, the petitioner filed representation to supply copies of the preliminary inquiry. Respondent No.3 without providing copy of the preliminary inquiry made appointment of the inquiry officer and the inquiry officer vide letter dated 10.01.2001 asked the petitioner to file reply before the inquiry officer. On 15.01.2001, the inquiry officer asked the petitioner to opt for a defending officer while informing the petitioner that he has not been allowed to make inspection of the record.