RISHAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of instant writ petition, the petitioner has assailed order dtd. 30/1/1999, whereby, penalty of dismissal from service has been imposed upon the petitioner. The petitioner has also challenged order dtd. 17/6/1999 passed by the appellate authority in departmental appeal as well as order dtd. 3/9/2001 passed by the reviewing authority, whereby review petition filed by the petitioner has been rejected.

(2.) Learned counsel for the petitioner submits that the petitioner was appointed as Constable in RAC and after completion of probation period, he was confirmed in service. After getting sanctioned Privilege Leave (PL) for one month for the period commencing from 6/6/1997 to 5/7/1999, the petitioner proceeded for his native place. However, he was implicated in a criminal case lodged vide FIR No. 11/1997 followed by charge sheet under Ss. 302 and 201 IPC. In the said case, the petitioner, his father and one another person were arrested and prosecuted before the competent criminal court. It is submitted that after undergoing trial in the aforesaid case, the petitioner was acquitted of the charges under Ss. 302, 120B and 201 IPC vide judgment dtd. 3/12/1999 passed by the Additional District Judge, Jhunjhunu.

(3.) Learned counsel for the petitioner further submits that in the meanwhile, Respondent No. 4 initiated departmental enquiry against the petitioner by issuing a charge sheet under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter to be referred as 'the Rules of 1958'). The petitioner was also placed under suspension vide order dtd. 17/7/1997. Pursuant to aforesaid charge sheet, enquiry officer conducted enquiry and ultimately, disciplinary authority dismissed the petitioner from service vide order dtd. 30/1/1999. Appeal filed by the petitioner against such dismissal order was rejected by the appellate authority vide order dtd. 17/6/1999 and thereafter, even review petition has also been dismissed vide order dtd. 3/9/2001.