HARI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this writ petition, the petitioner prays to set aside the punishment order dated 30.10.1999 passed by the Superintendent of Police, Dholpur and the order dated 18.5.2001 passed by the DIG (Police), Bharatpur Range, whereby the petitioner was removed from service and thereafter his appeal was rejected.

(2.) The short conspectus of the entire case is that the petitioner was holding the post of constable in Police Department and had been appointed in the year 1990. An F.I.R. No.153 of 98 came to be registered against him at Police Station Kanchanpur for offence under Sec. 363 and 366 Penal Code and later on offence under Sec. 376 Penal Code was also added. The complainant Shakina alleged that her daughter had been abducted by the petitioner and he was last seen talking with her. It was stated that her daughter Guddi was minor and her age was 16 years at that time. On the basis of the said F.I.R., the petitioner was arrested and remained in custody for 111 days. Challan was filed by the police and the petitioner was tried for the offences of 363, 366 and 376 Penal Code by the Sessions Judge, Dholpur in Sessions Case No.173/98. In the statement recorded before the Court, the complainant and the abducted lady Guddi as well as all other witnesses of the prosecution completely denied the prosecution story and therefore learned Sessions Judge vide his judgment dated 10.3.99 honourably acquitted the petitioner from the charge for offence under Sec. 363, 366 and 376 IPC.

(3.) With regard to the same charges Departmental inquiry was initiated by the Appellate Authority after the suspending the petitioner on 11.8.1998, and served charge-sheet under Rule 16 of the CCA Rules on 22.1.1999.