JAGDISH PRASAD Vs. STATEOFRAJASTHAN

JUDGEMENT

(1.) BY way of this writ petition the petitioner, holding the post of senior teacher at Government Secondary School, Dharamdhari (Pali), seeks the reliefs in the nature of (i) annulment of department enquiry on the ground of delay of about 11 years in initiation of proceedings from the date of alleged incident and further for the respondents having failed to conclude the proceedings for 10 years; (ii) restraining the respondents from passing any adverse order for the petitioner having remained in custody for more than 48 hours after his conviction was affirmed by the appellate court; and (iii) for directions to the respondents to consider his representation sympathetically.

(2.) THE relevant facts leading to this petition as noticeable from the averments taken and material placed on record by the petitioner could be summarized thus: The petitioner was accused of offences under Sections 323,324,326 & 307 I PC in an FIR lodged on 26. 06. 1986; after investigation challan was filed and the matter was committed to the Sessions Court but was remitted to the concerned Magistrate for trial of the petitioner for offences under Sections 323,324 & 326 I PC, after the Sessions Court found that no case was made out under Section 307 IPC; and, after trial in Cr. Regular Case No. 135/1992 (62/1986), the petitioner was convicted by the Additional Chief Judicial Magistrate, Jaitaran on 25. 11. 2002 for offences under Sections 323,324 & 326 IPC and was awarded varying sentences, including one years' R. l. with fine of Rs. 2,000/- and in default of payment of fine to further imprisonment for 3 months for offence under Section 326 IPC. The petitioner preferred an appeal [no. 32/2005 (49/2002)] that came to be rejected by the Additional Sessions Judge (Fast Track) No. 1, Pali, HQ-Jaitaran by the Judgment dated 06. 09. 2007. The petitioner, thereafter, preferred a revision petition to this Court (S. B. Criminal Revision Petition No. 962/2007) that was admitted on 07. 09. 2007 and this Court suspended the execution of the sentence awarded to the petitioner. However, the petitioner was detained in custody on 06. 09. 2007 upon dismissal of his appeal; and, as averred, could be released only on 10. 09. 2007, for intervening holidays after passing of suspension order by this court.

(3.) ON the propositions aforesaid, the petitioner has chosen to prefer this petition for writ seeking the reliefs that initiation of departmental enquiry after lapse of 11 years from the date of incident be held fatal; the respondents be held to have failed to conclude the departmental enquiry for a prolonged period of 10 years and such delay has vitiated the entire proceedings; the respondents may be restrained from passing any order of removal against the petitioner; it be held that there was no fault on the part of petitioner for being in jail for more than 48 hours because the bail bonds in pursuance of the order dated 07. 09. 2007 could not be executed immediately on account of public holidays next two days; and it be also ordered that the reply submitted by the petitioner to the letter dated 12. 09. 2007 be considered sympathetically by the respondents and absence for the period 07. 09. 2007 to 11. 09. 2007 may be condoned and be treated as leave.