HARISH CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner-Harish Chandra who was appointed in consideration of the fact that his father, who was also Constable, died while serving the respondents, has approached this Court challenging the order of his dismissal dated 19.01.2000 with the prayer that the aforesaid order be quashed and set-aside and respondents be directed to reinstate him in service with consequential benefits.

(2.) Learned counsel for the petitioner even though hartly made submissions on merits but ultimately confined his argument on the question of disproportionate penalty. Matter is, therefore, examined on the limited aspect as to if the penalty for dismissal would not be disproportionate to the gravity of proven charge of absence of 44 days or it merited some other penalty.

(3.) Charge No. 1 is to the effect that while the petitioner was undergoing basic training in Rajasthan Police Training Centre Jodhpur, the Principal of the Training Centre by his order dated 21.08.1999 required him to report to the 7th Batallion RAC Bharatpur for performing duties in the parliamentary elections but instead of reporting there, petitioner wilfully remained absent continuously from 22.08.1999 to 04.10.1999. Charge No. 2 is to the effect that when petitioner was sent for training by the 7th Battalion RAC Bharatpur vide their order dated 24.09.1999, he did not attend such training. Charge No. 2 actually is a charge for non reporting for training pursuant to the order dated 24.09.1999 which period is covered during absence for 44 days within charge No. 1 itself.