KRISHNA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ON being appointed as Constable under an order dated 21. 5. 1985, passed by the Superintendent of Police, Dungarpur, the petitioner joined Rajasthan Police on 23. 5. 1985. He suffered disciplinary action as per provisions of Rule 16 of the Rajasthan Service Rules (Classification, Control & Appeal) Rules, 1958 (here-inafter referred to as the Rules of 1958) for the allegation of wilful absence from duties. After receiving report of the inquiry officer, the disciplinary authority by a notice dated 28. 6. 1993 sought explanation from the petitioner as to why he be not removed from service on being found guilty for remaining absent from duties willfully. A copy of the inquiry report was also furnished to the petitioner alongwith notice aforesaid. After considering explanation submitted by the petitioner the disciplinary authority vide order dated 6. 1. 1994 inflicted a penalty of compulsory retirement with proportionate pension and deduction for a sum of Rs. 10/- per month from pension, however, by a corrigendum dt. 30. 1. 1994 the deduction of Rs. 10/- per month from pension was with-drawn. The appeal preferred by the petitioner to challenge the order dated 6. 1. 1994 came to be rejected by the appellate authority i. e. the Deputy Inspector General of Police, Udaipur Range, Udaipur on 25. 2. 1994. Hence, this petition for writ is preferred.

(2.) THE argument advanced by Shri P. K. Lohra, counsel for the petitioner is that under the Rajasthan Service Rules, 1951 (hereinafter referred to as the Rules of 1951) a government servant may receive pension only after completing qualifying service i. e. 20 years in present case and the petitioner, on the day he was subjected to punishment, completed only nine years of service, as such he was not entitled to receive pension. THE penalty of compulsory retirement, therefore, virtually amounts to removal from service.

(3.) UNDER Rule 14 of the Rules of 1958, four major penalties are prescribed and those are:- (i) reduction to a lower service, grade or post, or to a lower time scale or to lower stage in the time scale or in the case of pension to an amount lower than that due under the rules; (ii) compulsory retirement on proportionate pension; (iii) removal from service which shall not be a disqualification for further employment; (iv) dismissal from service, which shall ordinarily be a disqualification for future employment.