MEETHA LAL JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner was posted as Assistant Sub-Inspector (ASI) in the Police Station, Ogna and since the Station house Officer (SHO) was on leave, therefore, the petitioner was incharge of the Police Station, Ogna. It is alleged that one Ratan Lal came to the said police station on 15. 3. 1994 with a complaint in regard to death of his father Bhera Patel and it is alleged that the petitioner did not accept that complaint and, therefore, did not register the FIR. The complainant alleged that he approached the Deputy superintendent of Police but he also did not help. However, again on 16. 3. 2009, the complainant went to the police station where the same ASI (the petitioner) was holding the charge of the SHO and he though recorded the information given by the petitioner on 16. 3. 1994 and recorded the statements of the complainant Ratan Lal and the witness bheru Lal, yet did not further investigate the matter nor he recorded the FIR. Then the petitioner recorded the statements of witnesses Sava, Gulab, Laxman Singh and bherulal Patel on 17. 3. 1994 and the statement of Smt. Jamna was also recorded on 18. 3. 1994. Statements of other witnesses were also recorded on 18. 3. 1994, however, yet no FIR was registered. The petitioner was served with the charge-sheet and preliminary enquiry was conducted.

(3.) THE petitioner submitted his reply on 25. 7. 1994. In the preliminary enquiry, the petitioner was found guilty. In the enquiry, eight witnesses were examined and 25 documents were also produced. After the enquiry report, the petitioner was served with show cause notice and ultimately, he was punished by the disciplinary authority vide order dated 28. 11. 1995 with punishment of reversion to the post of head Constable for a period of four years. Copy of this order is placed on record as Annex. 22. The petitioner preferred appeal before the Inspector General of Police, head Quarters, Rajasthan, Jaipur, which was also dismissed on 3. 5. 1996. Copy of this order is placed on record as annex. 24. The order of reversion was given effect to and the petitioner already reverted to the post of Head constable. The petitioner being aggrieved against the above two orders of punishment dated 28. 11. 1995 and rejection of appeal dated 3. 5. 1996, has preferred this writ petition.