MANIRAM, AND ANOTHER Vs. STATE OF RAJASTHAN AND

JUDGEMENT

(1.) In the present writ petition, the two orders of Excise Commissioner, each dt. January 7, 1992, placing each of the petitioners under suspension under rule 15 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958(for short, the CCA Rules) have been challenged. The petitioner No. 1 is an Excise Inspector in the Excise Department, whereas the petitioner No. 2 is patrolling officer in the said department. The suspension orders have been extracted at pages 9 to 11 of the writ petition. The challenge to the aforesaid orders is inter alia on the grounds (i) the suspension orders have been issued without any material and thus without any objective satisfaction ; (ii) the Excise Commissioner while issuing the orders of suspension has not followed the guidelines issued by the Government, for ordering suspension as per Government Instructions contained in letter No. D. 16633/69/F. 19 (27) Apptts (A) 60 dated March 17, 1960; (iii) the preliminary inquiry must have preceded the orders of suspension and no such preliminary enquiry was made ; (iv) the suspension orders have been issued by the Excise Commissioner under the directions of the Government and thus there is no application of mind of the Excise Commissioner and the orders of suspension have been issued on the dictates of the superior authorities.

(2.) First the facts, which are these. The petitioner No. 1 Mani Ram was posted as Excise Inspector at Jaipur South Excise Circle on July 2, 1991 and the petitioner No. 2 Nenu Ram was posted as Patrolling Officer in the said Excise Circle. One Tola Ram filed a report at 2.30 a.m. on July 2,1991 and alongwith the report he also produced a Maruti Van No. DNB-2545. In the report it was stated by Tola Ram that when he alongwith two other persons was going to Sambhar at Jobner Road in a jeep, at Kalavad Tiraha he saw a Maruti Van standing in which he saw three persons seated in the suspicious circumstances. Seeing his jeep, the aforesaid three persons drove the car towards Jobner but it was chased by him. They stopped the car in kachcha and ran away. While running away, they were saying 'Rajesh Bhag'. It was at about 1.30 a.m. He could not identify them. Thereafter, the name of the two persons who were stopped were also disclosed by him. When the Van was opened, 11 gunny bags full of country liquor bottles were found. Because an offence under the Rajasthan Excise Act, 1956 (for short, the Excise Act) was made out, he brought the Van to the Excise lines. The petitioner was present and report was lodged before petitioner No. 1 who registered a case under Section 19/54 of the Excise Act. It may also be mentioned that another report was also lodged in the Police Station Jobner at 6. 05 a.m. on July 2, 1991 by one Laxman Singh and in the said report was stated by the informant that in the Maruti Van No. DNB-2545 he was going with his driver Rajesh on July 1, 1991 in the night at about 10 p.m. to his relation Mohan Singh in village Kochiyavas. Near Kalavad there was a jeep and near the jeep about 8 to 10 persons were standing with lathis and one of them was Prahlad Swami who works at the liquor shop in Kalavad. They asked them to stop the car and further asked to take two persons to Jobner, but when it was given out that the Van was not going to Jobner, they started abusing and also grappeled with him. It was further st vted in the report that they ran away and reached Kuchiyavas, but no sooner they reached there, the persons who were standing near the jeep also came in the jeep and caused injuries with lathi. They raised hue and cry which attracted Mohan Siagh and Narain Singh. Seeing both of them the persons who came in the jeep snatched the key of the Van from Rajesh and ran away with the van. A case under Section 147, 323 and 379 IPC was registered at the Police Station, Jobner.

(3.) A question was put in the Raj. Legislative Assembly by one Mahavir Prasad, MLA on September 6, 1991 in respect of the aforesaid incident. It will appear that after investigation so for as the case at Jobner Police Station (FIR No. 56/91) is concerned, a Final Report under Section 169 Cr.P.C. was submitted to the Magistrate, bat it was given out that thereafter investigation was re-opencd and now the charge-sheet has been filed. In so far as the case which was registered by the petitioner No. 1 on the Excise Lines is concerned, a charge-sheet was filed against R jjesh, the driver of the Van under Section 19/54 of the Excise Act and the learned Magiatrate on the alleged plea of guilt of Rajesh under his judgment dated January 2, 1992 convicted him under Section 19/54 of the Excise Act and sentenced him to imprisonment till rising of the court and to pay a fine of Rs. 2,000/- or in default of payment of fine to suffer two month's imprisonment.