ROOP KISHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner, working as Deputy Inspector, in the respondent -Police Department at the relevant point of time, was posted in Police Station -Nimbahera, District: Chittorgarh, has preferred this writ petition being aggrieved by issuance of the Charge sheet under Rule 17 of the Rajasthan Civil Service (Classification, Control and Appeals) Rules, 1958 (for short, hereinafter referred to as 'Rules of 1958') vide Annex. 2 dated 18.05.2000, on the alleged ground that he detained one Naru Kalbelia, resident of Badoli, illegally in connection with a criminal case u/s. 379 IPC in Case No. 155/95 from 02.08.1995 to 25.08.1995. The petitioner although furnished his explanation to the said charge sheet vide his reply (Annex. 3) dated 26.06.2000, in which he specifically submitted that he was out of station from 27.07.1995 to 05.08.1995 in connection with the investigation of said criminal case itself and had gone to the State of U.P. for investigation and recovery of the stolen items. He further submitted in his reply that he returned back only on 05.08.1995, therefore, there was no question of any illegal detention of person, namely, Naru Kalbedlia on 02.08.1995 by the petitioner and, therefore, the complaint filed by wife of said Naru Kalbelia was frivolous and unsustainable and he cannot be given any charge sheet on that basis.

(2.) AFTER hearing both the learned counsel for the parties, a coordinate bench of this Court passed a detailed interim order on 13.10.2000, which is quoted herein below for ready reference: -

(3.) IN view of this admission of the respondent -State that the petitioner was not even available in the said Police Station -Nimbahera at the relevant point of time i.e. on 02.08.1995, there is no question of making any allegation against him that he illegally detained one Naru Kalbelia. Therefore, in the absence of any 'misconduct' made out against the petitioner, he could not be served with the impugned charge sheet, as has been done by the respondents.