- (1.) This petition is directed against the order dated 26.8.82 passed by the superintendent of Police, Jaipur City also order Annexure-5 dated 15.12.82 issued by the Office of Inspector General of Police Rajasthan. First order relates to his discharge from service and the second order relates to rejection of his prayer for reinstatement.
(2.) Case set up the petitioner is that he was selected for appointment as Police Constable in accordance with the provision of the Rajasthan Police Subordinate Service Rules, 1974. He was appointed as Constable (Civil Police, by order No. 1203 dated 14.11.81 of the Superintendent Police, Jaipur District and he was allotted Belt No. 1864. The petitioner joined his duty at Reserved Police Lines, Jaipur with effect from 18.10.81. After completion of training for some months, he was sent to the Rajasthan Police Academy, Shastri Nagar, Jaipur with effect from 26.5.82. Shri Shantnu Kumar was at the relevant time Principal of the Rajasthan Police Academy. Respondent No. 4 Shri Shiv Dayal Singh, was Resident Inspector and one Shri Bhagirath Singh was Line Inspector in the Rajasthan Police Academy. According to the petitioner respondent No. 4 and Shri Bhagirath Singh used to misbehave with the trainees including the petitioner. They frequently used unparliamentary language and abused the trainees. This led to filing a complaint by the petitioner to the Governor of Rajasthan, the Inspector General of Police and the Superintendent of Police (RPA) on 25.6.82 (Annexure-2). Then the petitioner was given severe physical beating with rifle butts and boots. He was made to crawl and subjected to torture and harassment. He, therefore, made another complaint to the Principal, Rajasthan Police Academy. The Additional Superintendent of Police (RPA) was appointed to inquire into the matter by Shri Shantanu Kumar. On 6.7.82 the petitioner was given beating by the two Inspectors and he was compelled to go on leave with effect from 8.7.82. He returned to join duty on 11.7.82. Then he was threatened that he will be shot dead if he comes on duty. The petitioner has stated that when he met the Superintendent of Police and the Additional Superintendent of Police regarding the inhuman treatment meted out to him, the Superintendent of Police directed him to go to the room of Additional Superintendent of Police. In the said room respondent No. 4 and Bhagirath Singh were called and the petitioner was hanged with his feet towards the roof and he was again given beating by bars and boot kicks. He became unconscious. When he regained consciousness he was given marching orders. The petitioner was then admitted in the S.M.S. Hospital on 11.7.82 and there he remained upto 24.8.82. A certificate issued by the S.M.S. Hospital in this regard has been placed on record as Annexure-3. On 25.8.82 the petitioner submitted his joining report along with the medical certificates. He was directed to meet the Superintendent of Police, District Jaipur Shri Namonarain Meena. Shri Namonarain Meena however refused to take the petitioner on duty by saying that he has already been removed from service. Order of removal from service was not served upon the petitioner but subsequently the petitioner got a copy of it. This order has been placed on record as Annexure-4. According to the petitioner, respondent No. 4 demanded a sum of Rs.4,000/- for getting him reinstated in service and the petitioner paid this amount to respondent No. 4 in the month of September, 1982. The petitioner had filed an appeal before the Director General of Police but it was rejected by the Director General of Police and this rejection was communicated to the petitioner vide letter dated 13.12.82 (Annexure-5). Petitioner then demanded return of Rs.4000/- from Shri Shiv Dayal Singh but this too he declined. He then filed review petition before the Governor of Rajasthan and gave details of the injustice done to him. The petitioner then made representations to the Chief Minister, Chief Secretary, Director General of Police, Superintendent of Police, etc. and gave out that he will start hunger strike. He did start hunger strike on 30.10.85. The then Director General of Police Shri P.C. Mishra, Superintendent of Police Shri Namonarain Meena and others persuaded the petitioner to give up his hunger strike and gave an assurance for reinstatement and return of Rs.4000/-. However, this did not materialise. According to the petitioner, on representations made by him, the then Director General of Police Shri P.C. Mishra ordered an inquiry in the whole matter and Shri R.K. Goyal, S.H.O., Police Station, Shastri Nagar was appointed to inquire into the matter. Notwithstanding all this, nothing happened.
(3.) Petitioner has challenged the order of discharge from service on the ground that it has been passed in total violation of the principles of natural justice and that the reason given in the order of discharge, namely, "unsatisfactory performance during probation" is totally incorrect. Petitioner's further case is that action taken by the Superintendent of Police for termination of his service is punitive in character and it is contrary to Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 as well as Article 311 of the Constitution of India.;