PRABHU DAYAL SON OF SHRI CHAIN SUKH CASTE JATAV Vs. THE STATE OF RAJASTHAN THROUGH THE SECRETARY TO THE GOVERNMENT

JUDGEMENT

(1.) The petitioner, who was holding the post of Head Constable, approached this Court challenging the order dated 17.08.1998 by which he has been dismissed from service as well as the appellate order dated 6.01.1999 by which his appeal was also rejected.

(2.) During the pendency of this writ petition, the said petitioner expired and his legal representatives are on record.

(3.) The facts, which have culled out, are that the petitioner was served with a charge-sheet under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 vide memorandum dated 24/01/1998 levelling allegation that when the petitioner was posted as a Head Constable at Police Station Salempur, an FIR No.89/1997 under Sec. 302, 201, 394, 397 Penal Code was registered. During investigation of the said FIR, one Rajaram, a resident of Pavta had been called. It was alleged that while the said Rajaram was entering at the Police Station, he met the petitioner across the road and informed the petitioner about the incident and the material looted. However, the petitioner advised Rajaram not to disclose the information to any officer or any person and assured him to save him from the said accusation and also stated that when the petitioner would ask him, then only he may handover the 'Kadas' to the petitioner alone. In this manner, it was alleged that the petitioner had tried to save the accused deliberately and did not inform higher authorities of the correct facts and instigated the accused to withhold information from the Police and in this manner, the petitioner caused loss to the prestige of the Police.