DAULAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The prayer in the present petition is for setting aside the order dated 08.09.1999 vide which the petitioner was dismissed from service, the order dated 01.08.2001 whereby the appeal preferred by the petitioner was rejected as also the order dated 05.01.2004 dismissing the review petition.

(2.) The petitioner was appointed on the post of Constable in the year 1992. There was no complaint whatsoever till a charge sheet was issued against him on 01.10.1997 under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958, which was served upon him on 03.10.1997 along with the Memorandum and the statement of allegations. 08 charges were levelled against him. All the charges were pertaining to the same incident dated 24.06.1997, whereby the basic allegation against him was with regard to supporting and taking side of one lady Constable Smt. Sarla who too was issued a similar charge sheet pertaining to the same incident along with the other allegations and a total of 13 allegations were levelled against her. A joint enquiry was held for both the delinquents and completed on 29.07.1997. The petitioner was held guilty for all the allegations except for the allegation No.2. He was issued a show cause notice dated 16.08.1999 along with the Enquiry Report. The respondent No.3 while disagreeing with the report of Enquiry Officer on Charge No.2, passed an order dated 08.09.1999, whereby the petitioner was ordered to be dismissed from service holding him guilty of all the allegations levelled against him. Co-delinquent Smt. Sarla was also held guilty for all the 13 allegations but in spite of this, only a penalty of stoppage of 03 Annual Grade Increments with cumulative effect was imposed upon her. The petitioner preferred an appeal before the Dy. Inspector General of Police, Udaipur on 24.01.2001. The same too was dismissed by the respondent No.2 vide his order dated 01.08.2001 on account of limitation. The petitioner preferred a review petition under Rule 34 of the CCA Rules, 1958 before the Governor on 16.10.2003. However, the same too was rejected on 05.01.2004 on account of the Review too not filed within the period of limitation.

(3.) While praying for setting aside the order dated 08.09.1999 passed by the Disciplinary Authority dismissing the petitioner from service, the order dated 01.08.2001 passed by the Dy. Inspector General of Police dismissing the appeal as also the order dated 05.01.2004 dismissing the review petition, learned counsel for the petitioner raised the following arguments: