PRADHUMAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The matter has been pending before this Court since 2006 and despite several opportunities having been afforded, none has appeared on behalf of the petitioner, this Court is left with no option but to adjudicate the petition on its own merits.

(2.) The present writ petition under Article 226 of the Constitution of India has been preferred by the petitioner being aggreived by the action of respondents whereby the penalty has been imposed upon him vide order dtd. 29/12/1999 passed by the District Superintendent of Police, Sriganganagar and order dtd. 5/2/2002 passed by the Deputy Secretary, Department of Home (Appeal), Jaipur.

(3.) Briefly stating the facts of the case are that the petitioner was a Constable with a satisfactory service record, was issued a charge sheet alleging negligence in an incident dtd. 1/12/1998, wherein an accused named Fauja Singh escaped from a running train while returning from court duty. The Inquiry Officer submitted a report, leading to the penalty of withholding two annual grade increments with cumulative effect on 29/12/1999. The petitioner submitted a detailed representation explaining that insufficient staff, sudden power failure, and a broken emergency chain contributed to the accused's escape. His petition before the Governor was also rejected on 5/2/2002. Meanwhile, in the connected criminal case under Sec. 223/34 IPC, the petitioner was acquitted on 7/9/2005. Aggrieved by the disciplinary action taken in violation of natural justice, the petitioner has approached this Court.