PHOOL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been preferred by Phool Singh challenging three orders, namely, order dated 18.12.1989 by which he was dismissed from service, order dated 23.08.1990 by which his appeal filed against that order was dismissed, and the order dated 03.06.1994 by which his review petition was dismissed.

(2.) Facts of the case briefly stated are that petitioner was inducted in service of the respondent Department as Constable in October, 1987. He was posted with the Police Station Mania, District Dholpur at the relevant time. It is alleged that on 15.10.1987 petitioner intercepted one Mukesh Kumar, who was riding Rajdoot motorcycle and demanded his driving license and registration papers of the motorcycle. Mukesh Kumar told him that he was a mechanic and motorcycle was given to him for only repair whereas according to petitioner he had no workshop. As per petitioner, he asked Mukesh to take the motorcycle to police station which he resisted. He shouted for help and one Shivram came there with a gun. According to petitioner, Shivram tried to snatch the motorcycle from him. It is alleged that Shivram had no license for the gun therefore petitioner snatched his gun as well and came to the police station. It is alleged that a mob of people assembled there and proceeded towards police station Mania. Mob attacked residential quarter of the petitioner and caused injuries to his mother, wife and children. After intervention of the police, the mob disbursed. Petitioner made a complaint to the then Station House Officer, who, according to petitioner, did not register his complaint due to some enmity. However, one Mahesh Kumar lodged a complaint against petitioner and on that basis, the police registered FIR for offence under Sections 307 and 392 IPC, Section 34 of the Police Act and Section 3/25 of the Arms Act. After investigation, challan was filed against the petitioner in the court of Munsiff and Judicial Magistrate, Dholpur, who vide his order dated 31.03.1994 convicted and sentenced the petitioner. Petitioner then preferred an appeal before the Court of Sessions Judge, Dholpur. His appeal was allowed by learned Sessions Judge vide judgment dated 26.11.1994 and he was acquitted of the charges. Simultaneously, the petitioner was also served with the charge-sheet by the Department under Rule 16 of the Rajasthan Civil Service (Classification, Control and Appeal) Rules, 1958 on the same charges vide Memorandum dated 07.04.1988. Petitioner submitted his reply/ explanation thereto on 27.04.1988 and denied the charges. Deputy Superintendent of Police, Dholpur, was appointed Enquiry Officer in the matter. Department examined 14 witnesses in support of its case, most of whom did not support the department. Some of them partially supported the department, to prove the charges against petitioner.

(3.) The enquiry officer submitted the enquiry report to the disciplinary authority, who after considering the same, passed the order of dismissal dated 18.12.1989. Subsequently, the appeal as well as review petition filed by petitioner, were dismissed respectively by orders dated 23.08.1990 and 03.06.1994. All these three orders are assailed in the present writ petition.