JASVEER SINGH HUNDAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petition has been filed aggrieved of the chargesheet dtd. 24/8/2004 (Exhibit.5) vide which two charges of misconduct have been framed against the petitioner.

(2.) The grounds as stated in the writ petition are as under:- It has been averred by the petitioner that in pursuance to the directions dtd. 11/6/2004 of the Executive Engineer, the size of the pipes of water supply was reduced because of which there was displeasure amongst the agriculturalists. When the petitioner went on the site to reduce the size of the pipes, protest was made by certain agriculturalists including the son of the then Minister (Surendra Pal Singh) and manhandling was also done by them. To report the said incident, the petitioner went to the police station for lodging of an FIR but the same was refused by the police authorities and therefore, a complaint was filed before the Criminal Court and on the directions of the Criminal Court, FIR was registered on 24/7/2004 against the accused who happened to be the son of the then Minister.

(3.) Just two days after the registration of the said FIR, the water was flown in the canal and on the night of the same day when the water was flown, it was found that certain people had broken the canal. The said incident was reported by the petitioner to the Asssistant Engineer Harneek Singh on the same night and an FIR was lodged by Harneek Singh on the next day, i.e., 29/7/2004. After the said incident, the petitioner was suspended on 31/7/2004 on the premise that he had been negligent in his duties of patrolling the water flow and because of this negligence only, the agriculturalists took the undue benefit and broke the canal. Although no charge-sheet was issued to the petitioner till that date, he was kept under suspension.