SHRI SARWAN SINGH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has preferred this writ petition making the following prayers:-

(2.) The facts as noticed by this Court are that the petitioner was recruited and appointed as a Class IV employee (Cook) on 21/07/1979 and performed his duties in the Rajasthan Police Academy, Jaipur. The petitioner, while on leave since 01/11/1991, was arrested on 23/12/1991 and remained in custody from 23/12/1991 to 01/01/1992. There were in all three cases registered against the petitioner for the offence under Section 379 IPC, bearing FIR No.426/1991 & 429/1991 at Police Station, Jhotwara, Jaipur and FIR No.516/1991 at Police Station Shastri Nagar, Jaipur. The proceedings under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (for short, 'CCA Rules, 1958') were also initiated against the petitioner on 24/03/1992 in which a final order was passed on 30/04/1994 whereby services of the petitioner were terminated. However, the competent authority sanctioned the privilege leave from 01/11/1991 to 22/12/1991. The leave during suspension period of about 14 days was also granted as extraordinary leave.

(3.) It was stated in the reply that the petitioner had checkered career as previously also, vide order dated 17/04/1990 a punishment was imposed after conducting the proceedings under Rule 16 of the CCA Rules, 1958. The present absence of 339 days because of the custody period as well as afterwards reflects upon the demeanor of the petitioner.