BHUPENDRA SINGH Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Facts in brief are that the petitioner was working as a Sub-Inspector in the respondent police department in the year 1995. An enquiry was instituted against the petitioner under Rule 17 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short, CCA Rules) with the allegation that he, being the Investigating Officer of the FIR No.34/2000 registered at P.S. Bhojasar for the offences under Sections 458 and 392, IPC, did not file the charge-sheet within a period of 90 days leading to the arrested accused being released on compulsive bail under Section 167(2), Cr.P.C. The petitioner denied the charges and contested the same. On his reply, he tried to portray some kind of explanation for the circumstances leading to the non-filing of the charge-sheet within 90 days. The disciplinary authority being District Superintendent of Police, Rural, Jodhpur considered the petitioner's reply and other documents etc. and came to the conclusion that the explanation furnished by the petitioner of not filing charge-sheet within 90 days was flimsy and unacceptable and passed the order dated 14.12.2001 Annex.3 holding the petitioner guilty of negligence in conducting investigation and proceeded to impose the minimum penalty of censure upon him. The petitioner preferred an appeal against the order dated 14.12.2001 which was rejected by the D.I.G. Police, Range Jodhpur by order dated 2.11.2002 Annex.5. Being aggrieved thereby, the petitioner preferred a review petition before Hon'ble the Governor which too was rejected by order dated 9.6.2003 Annex.7. The above three orders are challenged in the instant writ petition.

(3.) I have heard and considered the arguments advanced at the Bar and perused the material available on record.