SATYENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The admitted facts are that the petitioner was appointed as a Constable in Rajasthan Armed Constabulary (RAC) on 31/03/1995. Having completed 11 years of service, he has been removed from service vide order dated 31/01/2007 without conducting enquiry by exercising power in terms of Rule 19(2) of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958. The departmental appeal preferred by the petitioner against the order of removal came to be dismissed vide order dated 03/10/2007.

(2.) In the order impugned dated 31/01/2007, it has been stated that the petitioner along with other Constables conspired to call media and gave interview resulting in spoiling image of the police force. It is also alleged that he threatened to kill the staff members and officers. It is stated further that there is no possibility of conducting enquiry in the matter as it would cause indiscipline and if statement of witnesses is recorded, it would also cause enmity amongst the staff members of the disciplined force.

(3.) After the notices were served upon the respondents, they have come out with the reply but they have not been able to explain as to which witness statement would result in causing enmity. It is also stated that for the said allegations, a preliminary enquiry was conducted and the report of which was submitted to the Commandant which was made a basis for initiating proceedings.