- (1.) THIS is a writ application under Article 226 of the Constitution of India.
(2.) IT is common ground between the parties that petitioner Shyamsingh was enlisted as a Constable in the Central Reserve Police Force on 3rd March, 1948 at headquarter Neemuch. In 1958, the headquarter of the 3rd Battalion of the said police Force was shifted to Ajmer. He made an application on 31st July, 1958 for grant of leave. He was granted leave for 56 days which, was due to expire on 5th october, 1958. Before the expiry of that leave, he sent an application dated 3rd october, 1958 for extension of Ms leave by 20 days. It was received in the office of the Officer Commanding on 6th October, 1958, but it wag refused on 30th october, 1958. Thereafter, he sent in his resignation to the Commandant, 3rd battalion, Central Reserve Police Force, Ajmer, but it was not accepted and since he failed to join the duty, he was proclaimed as a 'deserter'. Respondent No. 2 passed orders for his arrest. The petitioner having come to know of this, surrendered himself on 21st May, 1959. Thereafter, he was prosecuted under Section 10 (m) of the Central Reserve Police force Act, 1949, which will hereinafter be referred as the 'act', before the assistant Commandant, 3rd Battalion Central Reserve Police Force, Ajmer, who was also Magistrate Second Class. He found him guilty and sentenced him to three months' rigorous imprisonment on 30th May, 1959. The petitioner preferred an appeal which was heard by the Additional Sessions Judge, Ajmer. The appellate court found that the trial court had committed irregularities in following the procedure laid down by the Code of Criminal Procedure. It was pointed out that the accused was put to a very lengthy cross-examination which was not warranted by law and, therefore, it was held that the whole trial was vitiated. The learned judge accepted the appeal, set aside the petitioner's conviction and acquitted Mm of the charge. The Commandant, 3rd Battalion, then commenced departmental proceedings against the petitioner and framed charges against him. After departmental inquiry under Rule 27 of the Central Reserve Police Rules, he was given another show-cause notice about the proposed punishment of dismissal. On 16th January, 1962 he was dismiss-ed from service. The petitioner then filed an appeal which was heard by the Deputy Inspector General of Police and it was dismissed on 26th may, 1962. It is against these orders that he has approached this Court by way of this writ application.
(3.) LEARNED counsel for the petitioner has challenged the order of his dismissal, which has been upheld in appeal, on several grounds and it would be proper to deal with them in seriatim.;