MISHRI LAL Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) The petitioner Mishri Lal, a former Police Constable, has approached this Court by way of the instant writ petition assailing the validity, propriety and legality of the order (Annex.2) dated 14.1.2002 passed by the disciplinary authority, being the Superintendent of Police, Bhilwara whereby a penalty of removal from service was imposed on the petitioner and simultaneously, the alleged period of 507 days' of his unauthorized absence from duty was sanctioned as leave without pay and the order (Annex.4) dated 15.10.2004 whereby the appeal preferred by the petitioner against the order imposing penalty was dismissed by the appellate authority being the I.G. Range, Ajmer.

(2.) Facts in brief are that a charge-sheet under Rule 16 of the CCA Rules was served upon the petitioner along with the statement of allegations in the year 1998. The Superintendent of Police, Bhilwara appointed the Dy.SP cum Circle Officer, Shahpura as Inquiry Officer to conduct an inquiry under Rule 16(4) of the CCA Rules against the petitioner. The following articles of charge were framed against the petitioner by the Inquiry Officer :-

(3.) The petitioner denied the charges levelled against him. A retired Sub-Inspector of the Police was appointed as the petitioner's defence nominee to defend him in the inquiry. The record was completed and the petitioner was permitted to inspect the same and take extract. Eight witnesses were examined by the department in support of its case. A short summary of the statements of departmental witnesses examined by the Inquiry Officer is noted hereinbelow for the sake of convenience :