KHUMAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN the Instant writ petition, the petitioner has challenged the order dated 13.6.89 contained in Annexure 4 to this writ petition by which he had been removed from service by the respondent No. 2 and order dated 10.1.1990 contained in Annexure 7 to this writ petition by which his appeal has been dismissed by the respondent No. 3.

(2.) THE facts as revealed by the record of the case are that petitioner who was employed as a constable in Rajasthan Police was given a show cause notice on 23rd Jan, 1989 contained in Annexure 1 to the writ petition under Rule 7 of the Rajasthan Police Rules, 1961 and under Rule 6 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter called the Rules, 1958), Reply to the show cause notice by the petitioner dated 23.9.1989 which is contained in Annexure 2 to the writ petition, was not found satisfactory and thus he was issued memo of charges dated 13.6.1989 contained in Annexure 4 to the writ petition, wherein the petitioner was charged that earlier the petitioner remained absent for 478 days without leave on 19 occasions and in all the said 19 occasions, the petitioner had been granted Extra Ordinary Leave i.e. Leave without pay. And secondly, when petitioner was posted at Police Station Sallopat on 9.11.1988 according to the Rojnamcha of the Police Station, he proceeded to search an accused namely Manmakshu but he remained absent from duty for 73 days and came back on 19.1.1989. Petitioner was asked to file the reply to the said memo of charges. In reply, the petitioner straight away made the confession that he remained absent on earlier 19 occasions as well as for the period of 73 days on 20th time and for the same he furnished justification that his mother was seriously ill and he proceeded to look after her. In the meanwhile, she died on 25th Dec, 1988 and after completing the rituals, he came back and joined the post. The said explanation dated 18th March, 1989 is contained in Ex.P -1 to the counter affidavit. In the another letter contained in Ex.P -2, the petitioner has made the confession of his absence for a period of 73 days. He had further stated that he was mentally upset and for that reason he could not communicate to any higher official and in the meanwhile his mother died on 25th Dec. 1988. He has further written as under: My mistake is that I could not communicate to any higher official even by writing a letter and remained absent to look after my ailing mother and to do the rituals after her death. In future, I will not repeat. I beg for pardon and for the same I shall be obliged to you.

(3.) BEING aggrieved and dis -satisfied, the petitioner preferred appeal before the respondent No. 3 under the provisions of Rule 16 of Rules 1958. The memo of appeal is contained in Annexure 6 to the petition and the respondent No. 3 dismissed the said appeal vide order dated 10.1.90 contained in Annexure 7 to the petition.