STATE OF RAJASTHAN Vs. HEMRAJ MEENA

JUDGEMENT

(1.) The instant intra court appeal preferred by the State of Rajasthan for assailing the order dtd. 27/7/2022 passed by the learned Single Bench in S.B. Civil Writ Petition No.10055/2016 is delayed by 60 days. An application has been moved under Sec. 5 of the Limitation Act seeking condonation of delay in filing of the appeal. However, on a perusal of the application, it becomes clear that neither any date has been mentioned therein nor specific reasons for the delay are set out in the application. Thus, the application does not disclose any plausible grounds for explaining the delay. In spite thereof, we have considered the submissions advanced by Shri Kailash Choudhary, associate to Shri Manish Vyas, learned AAG on the merits of the matter.

(2.) The respondent writ petitioner Shri Hemraj was posted as a Police Constable in the District Banswara. A charge-sheet dtd. 19/4/2006 was served upon him with the allegation that he wrongfully confined and roughed up the complainant named Brajlesh Kumar on 8/12/2005. The Inquiry Officer held the respondent guilty of the charges. The Disciplinary Authority confirmed the findings of the Inquiry report and imposed penalty of stoppage of one Annual Grade Increment with cumulative effect. Departmental appeal against the said order was dismissed, whereupon the respondent filed the writ petition (supra) in this court.

(3.) A perusal of the impugned order passed by the learned Single bench would indicate that the alleged complainant Shri Brajlesh Kumar was not examined during the Inquiry. Three independent witnesses, namely, Vijay Singh, Anurag Dubey and Arjun Singh, examined during the course of Inquiry proceedings did not support the case of the Department and categorically stated that they did not see the respondent or his companions beating/assaulting Brajlesh Kumar.