- (1.) THIS is an application by Madanlal, an ex-employee of the Police Department, praying for the issue of a writ, direction or order to declare Rules 23 and 23a of the Rajasthan Government Servants and Pensioners Conduct Rules (hereinafter to be referred to as the Rules) as ultra vires and to quasb the order of the Deputy inspector General of Police, Jodhpur Range, Jodhpur, dated the 17th March, 1960, dismissing the petitioner from' service as upheld by the order of the Inspector general of Police, dated the 17th December, 1960, An alternative prayer was also made for issue of a writ of mandamus for directing the respondents to recognise the Rajasthan Non-gazetted Police Karmachari Sangh.
(2.) THE relevant facts are briefly these:
(3.) THE petitioner was a constable in the Police Department in the former Jodhpur state and on integration of the former Jodhpur State with Rajasthan he was absorbed in the service of the Rajasthan State and was a Head Constable on the non-gazetted staff of the Police Department. The petitioner's case is that the gazetted Officers of the Police Department formed an association and the same was recognised by the Government and is functioning. Thereafter the non-gazetted police employees also formed an association in the year 1957 in the name and style of "the Non-gazetted Police Karamchari Sangh and the petitioner was one 08 the sponsors of that association. This association, according to the petitioner, was formed with an object of attaining the highest standard of efficiency, manifestation of loyalty, honesty, fearlessness, fraternity, self-sacrifice, devotion of duty and eradication of various other things that may tend ta tamper with the loyalty and discipline and to root out corruption. According to the petitioner, the association sent a copy of its constitution to the Government with a request for the recognition of the association and submitted various reminders but the Government neither recognised the association nor refused recognition. In the meanwhile, the Deputy Superintendent of Police served a charge-sheet on the petitioner on 23rd May, 1958, the main charge being that the petitioner along with a few other police officials was trying to encourage the Rajasthan Non-gazetted Police Karamchari Sangh and that the petitioner was posing himself as cashier of the association and was trying to make other officials members of it. The departmental inquiry on this charge was, however, dropped. Later on, on 7th august, 1959, the Deputy Inspector of Police, Jodhpur Range, Jodhpur, issued orders suspending the petitioner from service and appointing Shri B. R. Bishnoi, superintendent of Police, Jodhpur, for holding a departmental inquiry. The charges against the petitioner had not been framed upto that time and it was only on 8th february, 1960 that the charges were framed and the statement of allegations was prepared and subsequently served on the petitioner. The principal charge was that the petitioner got himself enrolled as a member of the unrecognised non-gazetted Police Karamchari Sangh, Rajasthan, and was continuing as such and had been instrumental in establishing a branch of the association at Jodhpur. A number of other subsidiary charges were also framed. The petitioner in answer to the charges admitted his connection with the association but pleaded justification and stated that he was not liable to any discliplinary action on that ground. According to the petitioner, no inquiry was made into the charges, but on 29th February, 1960 he received a copy of the findings of the enquiry stating that charge No. 1 stood proved against him on the basis of his own admission and that it was not necessary to go into other charges. The petitioner was also served with a notice to show cause why he should not be dismissed from service. The petitioner in reply challenged the finding regarding charge No. 1. The Deputy Inspector General of Police, Jodhpur, however, by his order dated 17th March, 1960, dismissed the petitioner from service on the finding referred to above. The petitioner preferred an appeal before the Inspector General of Police, Rajasthan, which was dismissed by him, vide his order dated 17th december, 1960.;