VIJAY SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner was serving as Head Constable in Police Lines, Sirohi, when he was placed under suspension on February 22, 1964. THE Superintendent of Poilce ultimately passed an order (Ex. 1) on June 10, 1965 reverting him to the post of Constable for a period of six months and forfeiting half his salary for the suspension period. THE Deputy Inspector General of Police thereupon issued a notice (Ex. 2) to the petitioner on April 12, 1966 to show cause why the penalty should not be enhanced in view of the gravity of the charges against him. THE petitioner contested that notice on the ground, inter alia, that as action for the enhancement of the penalty had not been initiated within six months, it was not permissible to enhance the penalty. THE Deputy Inspector General, however, enhanced the penalty by order Ex. 3 dated July 26, 1966 by reducing the petitioner to the rank of Constable for a period of two-and-half years. He however allowed him the maximum pay of the Constable's grade and further directed that, after the completion of the period of his reversion, he would get the same pay which he was getting on the date of the order. THE petitioner preferred an appeal to the State Government, which was referred to the Rajasthan Public Service Commission. THE Commission expressed the view that there was no force in the appeal, and it was dismissed by the Government by order Ex. 4 dated January 29, 1968. He has now approached this Court by means of the present petition under Art. 226 of the Constitution for a redress of his grievance.

(2.) THE State of Rajasthan has filed a reply controverting the petitioner's claim in the writ petition and I shall have occasion to refer to the submitted facts in a while.