TEN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this writ petition, petitioner is challenging the validity of impugned order dated 21/7/1993 (Annex. 1), whereby, petitioner was dismissed from service for misconduct alleged to be committed by him to remain absent from duty without sanctioned leave so also petitioner is further challenging the order passed by Appellate Authority dated 25/8/1993 (Annex. 3) and order Annex. 4 dated 10/4/1995 passed by the Reviewing Authority.

(2.) ACCORDING to facts of the case, petitioner was substantively appointed on the post of constable in the month of August, 1979. He was charge sheeted vide charge sheet dated 8/4/1993 in which two charges were levelled against him. which read as follows:

(3.) LEARNED counsel for the petitioner vehemently argued that although the ground of jurisdiction is not taken in writ petition but while citing the judgment of Jaipur Bench reported in 2007 WLC 484 (Ram Karan vs. State of Rajasthan & Ors.), it is argued that order of punishment has been passed by Superintendent of Police, whereas, as per the judgment of this Court Superintendent of Police is not the disciplinary authority for the post of enumerated in subordinate services and petitioner is working on the post of Constable, therefore, order has been passed by the authority having no jurisdiction.