JAMNA LAL MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been filed seeking to quash and set -aside the orders 31.03.1997 (Ann. 1) passed by Superintendent of Police, Jhalawar whereby, penalty of removal of service and 12.11.1997 (Ann. 2) passed by appellate authority i.e. Deputy Inspector General of Police, Kota whereby, it upheld the aforesaid order and dismissed the appeal. Brief facts giving rise to the filing of this writ petition are that petitioner was initially appointed on the post of Constable in the year 1979. He was sent to Gram Panchayat Parapipli with the Police Party on duty during the Gram Panchayat elections from 29.01.1995 till further orders. Petitioner was thereafter sent on duty to Gram Panchayat Nolaie from 01.02.1995. When he was taking rest in the Truck about 8.00 p.m. in the evening, the Head Constable Jaswant Singh asked him to go on petrol duty. He was carrying loaded rifle for that purpose, which accidentally fired and the pellets hit the ground, on account of which, some stones were thrown away and caused injuries to Kalu Lal, Ram Lal and Chander Singh standing nearby. An FIR was registered against him for offence under Sec. 308 IPC with Police Station Pidawa being FIR No. 14/1995, The petitioner was issued a charge -sheet on those allegations under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (for short, the "Rules of 1958") on 01.05.1995. During pendency of the enquiry, he was placed under suspension. The Enquiry Officer held him guilty and on that basis, the Disciplinary Authority i.e. Superintendent of Police, Jhalawar vide order dt. 31.03.1997 (Ann. 1) awarded him penalty of removal from service with the direction that he shall not be entitled to remaining amount of salary except the subsistence allowance for the intervening period. Petitioner filed departmental appeal before the appellate authority viz. Deputy Inspector General of Police, Kot, who vide order dt. 12.11.1997 (Ann. 2) dismissed the appeal.

(2.) APART from the disciplinary proceedings, an FIR was also lodged against petitioner by Jaswant Singh Head Constable. The challan was filed against him for offence under Sec. 308 IPC. The learned trial Court however vide judgment dt. 26.11.1997 acquitted the petitioner of all the charges.

(3.) THE learned counsel for the petitioner has argued that even as per the charge -sheet, the first charge against the petitioner was that he while sitting in the Truck was listening to music, Head Constable asked him to proceed on duty, which he did not immediately obey and that while loading the rifle, it fired due to negligence and the pellets hit the ground, due to which, the stones lying on the ground were thrown away causing injuries to Kalu Lal, Ram Lal and Chander Singh standing nearby. Charge No. 2 was to the effect that charge sheet has been filed against him in Criminal Case No. 14/1995 for offence under Sec. 308 IPC. Learned counsel for the petitioner submitted that the charge sheet was issued to the petitioner on the basis of the FIR. Since the petitioner has been acquitted in the criminal trial, there can be no justification for proceeding in departmental proceedings. Learned counsel for the petitioner has relied on the judgment of the Supreme Court in G.M. Tank vs. State of Gujarat and Ors., : (2006) 5 SCC 446 and judgment of this Court in Sardar Singh vs. State of Rajasthan and Ors., : 2009 (5) WLC (Raj.) 48.