- (1.) DISTRAUGHT by the penalty of dismissal from service, as a disciplinary measure, and the non -interference therewith by this Court, inspite of challenge thereto, as laid in S.B.Civil Writ Petition No.2877/1994, the appellant seeks redress.
(2.) WE have heard Mr.Yogesh Kumar Sharma, learned counsel for the appellant/writ petitioner and Mr.Dharamveer Tholia, learned Additional Advocate General for the respondents. An abridged version of the rival facts would present the factual background. The appellant/writ petitioner has averred that he was appointed in the police service as Constable in Armed Force, Rajasthan, Jaipur on 17.2.1972, and subsequent thereto, was promoted as Head Constable on 10.7.1980. While he was serving as such under the administrative control of the Superintendent of Police, Jaipur City, in the year 1984, the Jaipur District was divided into two zones i.e.(i) Jaipur City and; (ii) Jaipur Rural, each headed by an independent Superintendent of Police. His services were however, transferred under the control of the Superintendent of Police, Jaipur Rural.
(3.) WHILE the matter rested at that, a memorandum of charges dated 9.2.1989 was issued by the Superintendent of Police, Jaipur Rural initiating a disciplinary proceeding under Rule 16 of the Rajasthan Civil Service (Classification, Control & Appeal) Rules, 1958 (for short, hereafter referred to as 'the Rules'). Charges of overstaying sanctioned period of leave and during that period, misusing his service position to commit offence under Sections 147, 148, 149, 447, 325 & 323 IPC were levelled against him. It was mentioned inter alia that in connection with the criminal offence, FIR No.129/83 dated 10.7.1983 had been registered in the Police Station, Srimadhopur.;