MUKH RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner, who was working as Sub-Inspector of Police, was dismissed from service by an order dated. 18. 8. 71 passed by the Deputy Inspector General of Police, Kota Range, Kota on the basis of his conviction by Additional Sessions Judge, Baran in a case under Sections 330/320 I. P. C. THE petitioner had been sentenced imprisonment of three years. On an appeal filed before the High Court, sentence of the petitioner was reduced to three months. In passing the order of dismissal, the Deputy Inspector General of Police, Kota Range, Kota invoked powers under Rule 19 (2) of the Rajasthan Civil Services (Classification Control & Appeal) Rules, 1958.

(2.) AGAINST the order of dismissal, the petitioner filed a petition before the Hon'ble Governor on 27. 8. 71. The petitioner also filed appeal before the Inspector General of Police, who recommended his reinstatement. At one time the government took a decision to re-employ him but subsequently it decided not to give appointment to the petitioner. The petitioner filed a writ petition before the High Court which was registered as Civil Writ No. 645/75. When the case was taken up by the Court on 12. 10. 83, nobody was present on behalf of the petitioner. Learned Deputy Govt. Advocate made a statement before the Court that the petitioner had been re-employed. The Court observed that the petitioner appears to be no longer interested to peruse the writ petition and on that ground the petition was dismissed. The fact however was that the petitioner was never re-employed by the respondent government and the statement made before the Hon'ble Court was not factually correct. On a further petition made by the petitioner to the effect that his earlier representation had not been decided, Hon'ble the Governor examined his case and found that termination of service of the petitioner was not justified. Hon'ble the Governor, therefore, passed an order accepting the petition of the petition. Decision of the Hon'ble Governor was communicated to the petitioner by the Office of the Secretary, Governor of Rajasthan, Raj Bhawan, Jaipur vide communication No. F. 10 (2)/188/gh/88/1142 dated 9. 11. 89. On 23. 11. 89 the petitioner approached the Home Commissioner, Government of Rajasthan for communicating him the decision of the Governor and he thereafter repeatedly made requests for supply of copy of the order passed by the Hon'ble Governor. However, copy of the actual order passed by the Hon'ble Governor was not given to the petitioner. He, therefore, filed this writ petition before the Court.

(3.) ALONG with an application dated 18. 8. 91 the petitioner has filed copies of certain documents and on 15. 3. 91 the respondents have also filed some other documents.