MANGE RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is directed against the order of removal of petitioner from service dated 12/10/1994 (Annex. 2) on the ground that he was found to have been charged for committing rape on 10/9/1994 on Ms.Uma Gani at a public place between the night of 9th and 10th September 1994.

(2.) THE main ground of assailing the said order in the present writ petition is that the competent court which held the trial in the matter arising from FIR No. 289/94 acquitted the petitioner of the offence under Section 376 IPC by order dated 14/2/1995 as it was found to be a case of no evidence. The said order of learned ADJ, Bikaner in Sessions Case No. 35/94 - State of Rajasthan v. Mange Ram is at Annex. 1 in the writ petition. The said order has become final as it appears that no appeal against said order of acquittal has been filed by the State.

(3.) ON the side opposite, Mr. Nimesh Suthar for Mr. Ravi Bhansali urged that irrespective of acquittal by the competent court, the conduct of petitioner was sufficient to remove him from service and since the, competent authority was of the opinion, whose decision according to Article 311(3) of the Constitution is final, that it was not practicable to hold such inquiry against the petitioner, therefore, the impugned order of removal from service is not required to be interfered with by this Court.