DILIP KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The brief facts of the case are as under:- The petitioner who is working as a Constable for the respondent No.3 Department has preferred the present writ petition against the order dtd. 14/3/1995 (Annex.-6), whereby his services were terminated.

(2.) A memorandum along with the charge-sheet was issued to the petitioner on 10/2/1994 with a charge that on 27/10/1993, when the petitioner along with the other constable Bhagirath Ram were sent on challan guard duty to present an accused Devendra before the Court, the accused absconded from the custody. It was alleged that the accused escaped at about 02:00 p.m., whereas the said incident was reported at 06:30 p.m. in the evening and that too at P. S. Mahamandir and not the police station where the incident happened. Consequently, the departmental proceedings under Rule 16/18 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 was initiated against the petitioner. An inquiry Report was submitted by the Enquiry Officer holding the petitioner as well as the other constable Bhagirath Ram guilty. On the submission of the inquiry Report, the disciplinary authority issued notice to the petitioner to which the reply was filed by him. After considering the reply, the disciplinary authority proceeded on to hold the petitioner guilty and punished him with the dismissal of service. The said order dtd. 14/3/1995 was put to appeal and the same was also rejected by the appellate authority vide order dtd. 21/12/1996. A review against the same was preferred before the Governor of Rajasthan, which was also dismissed on 26/10/2004 (Annex.-11). Against the said impugned orders, the present writ petition has been preferred by the petitioner.

(3.) The first and the foremost ground raised by the petitioner is that in the criminal proceedings initiated against him for the same offence, the benefit of doubt has been given by the Criminal Court vide judgment dtd. 21/6/2002 (Annex.-12) and therefore, in terms of Sec. 12 of the Probation of Offenders Act, the same benefit ought to have been granted to him by the disciplinary authority in the departmental proceedings also.