RAMESHWARLAL MEENA Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) This writ petition has been filed by petitioner-Rameshwarlal Meena against the order dt. 06.03.1990 whereby he was dismissed from service and against the order dt. 07.12.1994 whereby his appeal filed against the aforesaid penalty order was rejected.

(2.) Petitioner was appointed on the post of Constable in the year 1984 with the police department and posted under the Superintendent of Police, District Jaipur Rural Jaipur. Petitioner was served with the charge-sheet by the disciplinary authority on 18.09.1989 under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (for short, 'CCA Rules'). There were as many as seven charges against the petitioner, out of which, Charge Nos. 1 to 6 were with regard to wilful absence of 1, 2, 2, 3, 4 and 14 days respectively whereas, Charge No. 7 was to the effect that petitioner was habitual in absenting from duties and during his entire service career, he has absented for 105 days including period of absence covered by the aforesaid six charges. Petitioner filed reply to the charge-sheet and denied all the charges. Enquiry Officer however found Charge Nos. 1, 2, 3, 5 and 6 fully proved whereas Charges No. 4 and 7 only partially proved. Disciplinary Authority vide order dt. 06.03.1990 dismissed the petitioner from service for wilful absence of total period of 22 days. Appeal filed against the aforesaid order of penalty was also dismissed by the appellate authority vide order dt. 30.5.1990. Petitioner filed review petition before the Governor of the State who accepted the same and remanded the same to the disciplinary authority vide order dt. 03.06.1994 with direction that copy of the enquiry report be supplied to the petitioner and then he be provided fresh opportunity to file appeal against the order of penalty. Disciplinary Authority then supplied copy of the enquiry report to the petitioner. Petitioner thereafter again filed appeal before the appellate authority. Appellate authority dismissed the appeal vide order dt. 07.12.1994 thus maintaining the order of dismissal.

(3.) I have heard Shri B.L. Gupta, learned Counsel for petitioner and Shri Aklesh Jain, learned Deputy Government Counsel.