GOPI KRISHNA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONER Gopi Krishna, initially appointed as Constable on August 15, 1961 was promoted as Assistant Sub-Inspector in the year 1977. On subsequent promotion he was promoted as Sub Inspector of Police and joined his duties on August 17, 1981. Vide order dated March 5, 1984 the Superintendent of Police Nagaur suspended him on May 19, 1934 and ten charge sheets were served under Rules 16 and 17 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short 'the Rules" hereinafter) upon him. He was however reinstated from February 11, 1985 under the orders of the Deputy Inspector General of Police, Ajmer (for short 'the DIGP' hereinafter) and was later on transferred from Nagaur to Bhilwara. Inquiries were held in all the charge sheets. In some of them he was exonerated and in some censured or punished. In charge-sheet No. 3961 dated May 19; 1984 inquiry was conducted and petitioner received the communication of the imposition of punishment from the DIGP, Ajmer Range, Ajmer dated November 11,1985 (Ex 6 ). The petitioner preferred an appeal. The Special Inspector General of Police (Hqrs.) (for short 'the SIGP' hereinafter) vide order dated June 17, 1986 (Ex. 7) partly allowed the appeal and the punishment of compulsory retirement imposed by the DIGP was substituted by the punishment of reversion to the lower post for a period of five years.

(2.) FEELING aggrieved by the aforesaid orders the petitioner has filed the petition in this Court under Article 226 of the Constitution of India.

(3.) RULE 14 of the RULEs provides the nature of the penalty which may be imposed on a Government Servant. It is the Disciplinary Authority who can impose punishment enumerated in that RULE. Disciplinary Authority has been defined in R. 2 (c) as under: "r. 2 (c) "disciplinary Authority" in relation to the imposition of a penalty on a Government Servant means the authority competent under these rules to impose on him that penalty".