SURENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Having unsuccessfully challenged the penalty of withholding of three annual grade increments with cumulative effect as disciplinary measure in S.B. Civil Writ Petition No. 6087/2005, the writ petitioner, being aggrieved by the judgment and order dated 21.11.2013 rendered therein, is in appeal seeking redress. We have heard Ms. Gayatri Rathore, learned for the appellant/writ petitioner and Mr. N.M. Lodha, Senior Advocate & Advocate General, Rajasthan assisted by Mr. Sheetanshu Sharma, for the respondents.

(2.) The facts, in brief, are that at the relevant time, the petitioner was serving as Head Constable under the respondents and posted in the year 1996 at Police Line, Jaipur. On 18.1.1996, he was sent to Central Jail, Jaipur to produce the under trial prisoners before the court. Incharge of the troop, Shri Suraj Bhan, Assistant Sub Inspector of Police and one Ramesh Chand, Head Constable and two other constables, Jagdish and Govindram were also members of the party. In all, 69 under trial prisoners were produced in different courts, after being taken thereto in a Government bus. At around 5:00 p.m. on that date, all the prisoners were again lodged in the bus and brought back to the Central Jail, Jaipur, where on head count, one was found short and an FIR was lodged on 18.1.1996 by Shri Suraj Bhan in his official capacity disclosing that the prisoners had been handed over to two constables, Shri Jagdish and Govindram, and that, on return, one was found missing. According to the appellant/writ petitioner, on completion of the investigation, the police had submitted final report and no action was taken against the aforenamed two constables.

(3.) Be that as it may, a memorandum of charge was issued against him levelling the following allegations:--