OM PRAKASH Vs. STATE (HOME DEPARTMENT) AND ORS

JUDGEMENT

(1.) A challenge has been made to the orders dated 21-5-2010, 6-8- 2010 and 28-11-2011, i.e. order of penalty as confirmed in appeal and review where the petitioner has been removed from service from the post of constable following a departmental enquiry under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeals) Rules, 1958 (hereinafter 'the Rules of 1958').

(2.) The facts of the case are that the petitioner a constable posted at Kotwali Alwar was served with a charge-sheet under Rule 16 of the Rules of 1958 on the ground that while he was sent for job training on 1-9- 1993 at 8.00 AM to Police Line Alwar he reached it only on 3-9-1993 at 1.30 PM in an inebriated state with blooded injuries on his person. On medical examination he was found to have consumed excessive liquor. In the following enquiry, the Inquiry Officer found the charge of reporting for duty in an inebriated condition proved against the petitioner. The charge proved being very serious more so in the context of the uniformed service requiring discipline, the petitioner was removed from service vide penalty order dated 15-9-1995. A challenge to the said order was laid in writ petition No.308/2002, which was partly allowed vide judgment dated 13-7-2009 with a direction that the petitioner be afforded an opportunity of hearing after providing a copy of the enquiry report to him.

(3.) Following the order dated dated 13-7-2009 in SBCWP No.308/2002, the petitioner was supplied a copy of the enquiry report and provided an opportunity of hearing. Thereafter vide order dated 21- 5-2010 he was again punished with the penalty of removal from service. That order was upheld in appeal on 6-8-2010. The Reviewing Authority vide order dated 28-11-2011 found no ground for interfere. Hence this petition.