CHAIN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PRAYER made in this writ petition is for quashing of order dated 23. 4. 92 (Ex. 1) passed by the Superintendent of Police, C. R. P. (Railways) Rajasthan, Ajmer for suspension of the petitioner and exhibit-8, dated, 31. 12. 92 passed by the same authority dismissing the petitioner from service. Petitioner has prayed that these orders be quashed and he be ordered to be reinstated with all consequential benefits.

(2.) PETITIONER was serving as a Constable and was posted under the Superintendent of Police (Railways ). He was suspended by an order (Ex. 1) dated, 23. 4. 92. This was followed by a memo dated, 5. 6. 92 for holding an inquiry against him under Rule- 16 of the Rajasthan Civil Services (Classification Control and Appeal) Rules, 1958. PETITIONER submitted his reply dated, 16. 7. 92. Thereafter his suspension was revoked by order dated 18. 7. 92. Assistant Superintendent of Police (Railways), Ajmer was appointed as inquiry officer. At the end of the inquiry proceedings the petitioner submitted his written brief. The inquiry officer submitted his report dated, 30th December 1992 and on 31. 12. 92 the disciplinary authority passed the impugned order (Ex. 8) dismissing the petitioner from service.

(3.) THERE had been some controversy about the observations made in Mohammed Ramzan Khan's case that the said decision would be applicable prospectively. However, that controversy is not relevant in the case of the petitioner because, in his case, the disciplinary proceedings were initiated much after the decision in Ramzan Khan's case and impugned order of punishment has been passed after almost two years of the judgement of Supreme Court in Mohammed Ramzan Khan's case.