DAULAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution by one Daulat Singh, officiating stenographer to the Superintendent of Police, Nagaur against an order of the Inspector General of Police, Rajasthan dated 31st October, 1956 removing him from service. The applicant filed an appeal to the Government which was also rejected. The rejection was communicated under letter dated 17th August, 1956. The present application was filed on 19th October, 1956.

(2.) THE petitioner was appointed as a temporary clerk in the Police Department in the former Jodhpur State on 22nd April, 1948. He was appointed as a temporary stenographer with effect from 12th May, 1951 by the Superintendent of Police, jodhpur and was transferred to Nagaur in the same capacity on 29th May, 1952. He was integrated as a clerk in the office of the Superintendent of Police, Jodhpur under order No. 11/p 5-1-59/420 dated 26th February, 1952 of the Inspector general of Police, Rajasthan. His services, however, continued to be utilised as a temporary stenographer on payment of Rs. 50/- as special allowance.

(3.) WHILE he was working as stenographer to the Superintendent of Police, Nagaur he went to Jodhpur on Sunday the 16th November, 1952 after obtaining the permission of the Superintendent of Police to leave the station. His allegation is that he fell ill and could not resume his duties on 17th November, 1952 and that he sent an application for leave on medical grounds on 17th November, 1952 and after the expiry of the period for which leave had been applied, he sent another application for extension of leave. It is not disputed that leave was not granted to him and as he remained absent without leave, he was suspended by the Superintendent of Police, Nagaur, on 19th december, 1952. He presented himself before the Superintendent of Police, nagaur on 24th December, 1952 and was reinstated by the latter on 31st december, 1952. The period of his absence without leave was treated as privilege leave. A copy of this order was sent in due course to the Deputy Inspector General of Police, Jodhpur for information. The latter was not satisfied with the action taken by the Superintendent of Police and directed him to hold a departmental inquiry after framing charges against him. The Superintendent of Police Nagaur thereupon framed four charges against the applicant and held an inquiry. He submitted his findings to the Deputy inspector General of Police, Jodhpur. The latter found him guilty of the following three charges and by way of punishment stopped his increment for a year:-