- (1.) This special appeal is directed against the judgment dated 6.1.1992 rendered by the learned Single Judge in S.B. Civil Writ Petition No. 4629/90 Rohitashwa Kumar V/s. State of Rajasthan and others, dismissing the petition of the appellant-petitioner.
(2.) The facts giving rise to this special appeal as unfolded by the appellant-petitioner is S.B. Civil Writ Petition No. 4629/90 are as under: - The appellant petitioner is a member of Indian Police Service, who has worked in the capacity of Superintendent of Police in various districts of the State of Rajasthan for about 20 years and claims himself entitled to be posted as Deputy Inspector General of Police. The appellant petitioner belongs to Scheduled caste. The appellant petitioner lodged a written complaint with respondent No. 6 on 21.6.1990 under sections 109/192/196/206/217/379/381 /411/467/468/469/471/120-B of Indian Penal Code and the provisions of Scheduled Castes & Scheduled Tribes (Prevention of Attrocities) Act, 1989 (hereinafter to be referred to as "SC/ST Act"). The copies of the said complaint are also alleged to have been sent to respondents No. 4 and 5. A copy of the said complaint was annexed to the writ petition as Annexure-1. The appellant is alleged to have sent another complaint dated 30.7.1990 to respondent No. 7 for commission of offence under sections 109/177/182/192/193/196/201/202/204/206/211/217/379/469/471 /120-B of the Indian Penal Code and the provisions of SC/ST Act. Copies of the aforesaid complaint as well were sent to the respondents No. 4 and 5. A copy of the same was annexed to the writ petition as Annexure-2. The facts and circumstances preceding to the filing of the aforeaid two complaints as have been mentioned by the appellant-petitioner are that Shri R.D. Goyal, the then Additional Superintendent of Police, Bikaner is alleged to have reported in writing on 23.3.1985 at 10.30 RM. to Shri S.B. Panwar, D.I.G. Police, Bikaner Range, Bikaner that the appellant petitioner (S.R Bikaner, as he then was) went to his residence on 23.3.1985 at about 9.30 RM. for courtesy call and stayed there for nearly an hour and during this period the appellant petitioner tried to molest his wife (tried to press her breasts, where-upon Shri R.D. Goyal informed the then Director General of Police Shri Raghu Nath Singh on 25.3.1985 of the aforesaid incident. A copy of the complaint was sent to the Director General of Police by the D.I.G., Bikaner Range, Bikaner. On receipt of the said complaint, it appears that the Director General of Police directed Shri V.K. Kaul, the then Special Inspector General of Police, C.I.D., Crime, Rajasthan, Jaipur to enquire into the matter and to get a criminal case registered and investigated, if required. The then Director General of Police Shri Raghu Nath Singh recommended to the Chief Secretary, Government of Rajasthan for immediate transfer of the appellant-petitioner from Bikaner and also to place him under suspension. Shri V.K. Kaul is alleged to, have enquired into the matter and on his report a criminal case under Section 354/451 I.P.C. was registered against the appellant at Police Station, Sadar, Bikaner. The appellant petitioner was placed under suspension vide order dated 1.4.1985. The appellant alleged that initiation of criminal case was a pre-planned conspiracy against him, which was hatched by the senior officers of the Government of Rajasthan in general out of jealousy. It was further alleged that since he belongs to a Scheduled Caste and had a bright future in the department, in order to hamper his further promotion this case was concocted, specially with the connivance of Shri S.B. Panwar, Shri R.D. Goyal, Shri Rajeev Mehrishi, the then Collector, Bikaner and Shri Devi Singh Bhati, the then M.L.A. Kolayat, Bikaner.
(3.) After suspension, an order was passed against the petitioner and a charge sheet was served on him on 9.5.1985. However, the said departmental enquiry is alleged to have been withdrawn and the Inquiry Officer submitted his report on 6.4.1989. On the basis of the report submitted by the Inquiry Officer, it appears that the appellant petitioner was exonerated of the charges and was reinstated on 13.4.1989. The appellant-petitioner sent some complaint to the then Director General of Police on 19.9.1987 and on the basis of the said complaint he wanted that F.I.R. should be registered against the persons named in the aforesaid complaint, but since no F.I.R. was lodged on the basis of the complaint lodged by the appellant petitioner on 19.9.1987, the appellant petitioner filed S.B. Civil Writ Petition No. 4272/88, Rohitashwa Kumar V/s State of Rajasthan and others, for grant of following relief: - (a) Issue an appropriate writ, order or direction directing the respondents to register first information report under section 154 Cr.RC, on the basis of the petition dated 19.9.1987 (Annex. 1) submitted by the petitioner; (b) issue an appropriate writ, order or direction directing the investigation of the First Information Report registered on the petition dated 19.9.87 (Annexure-1) by the Central Bureau of Investigation.;