PHOOL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has filed this writ petition challenging the order of penalty dated 28th October, 2003 (Annex.15), order dated 5 th April, 2004 (Annex.17) passed by the Appellate Authority rejecting his appeal and order dated 26th August, 2005 (Annex.19) passed by the Reviewing Authority rejecting his review petition.

(2.) The brief facts of the case are that petitioner while working as Constable in Traffic Police, Jaipur City was served with a memorandum along with charge-sheet dated 23rd April, 2001. It was alleged against the petitioner that while he was on duty on 28th February, 2001, he met one person, namely, Dharmendra Kumar Gupta, who had come to get his scooter released on account of violation of Traffic Rules. It was alleged that petitioner posing himself to be person working in the Department got the challan prepared in an unusual manner and he also ensured release of registration papers of the scooter and took bribe of Rs.50/-. The petitioner after receipt of charge-sheet submitted his written statement denying the charges. The Disciplinary Authority appointed Circle Officer, South, Traffic, Jaipur City as Enquiry Officer.

(3.) The petitioner has alleged in his writ petition that during departmental enquiry, the Enquiry Officer recorded statement of few witnesses and copy of report of preliminary enquiry conducted prior to issuing charge-sheet, was not given to him.