VIMAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this Criminal Misc. Petition aggrieved by judgment and order dtd. 29/4/2023 passed by learned Special Judge, NDPS Cases, Jhalawar in Sessions Case No.63/2018 titled as State of Rajasthan Vs. Tejraj @ Teju @ Tejraj Nagar & Ors. whereby while acquitting the respondents, adverse remarks have been passed against the petitioner and direction has been issued to the Director General of Police, Rajasthan to initiate appropriate proceedings against the petitioner under Order 35 Rule 6 of the General Rules (Civil and Criminal), 2018.

(2.) Learned counsel for the petitioner submits that the petitioner was posted as Additional Superintendent of Police, Jhalawar at the relevant point of time. Vide para No.86 of the judgment dtd. 29/4/2023, it has been held that in the discharge of the official duties of a public servant, the petitioner has committed irregularities in a seriously irresponsible manner therefore, disciplinary and legal proceedings be initiated against him. The para No.86 of the judgment dtd. 29/4/2023 reads as under:-

(3.) The petitioner has taken a plea that he was not afforded opportunity of hearing before making such adverse remarks vide the impugned judgment and thus, the impugned judgment to the extent of issuing direction/remarks against him for initiating disciplinary as well as legal proceedings, is in violation of the principle of natural justice.