KESHOTE, J. - (1.) SPECIAL appeal, under Section 18 of the HIGH COURT OF RAJSTHAN Ordinance, 1949, is directed by the petitioner appellant Shiyanand against the order, dated 2. 5. 1994, of the learned Single Judge in S. B. Civil Writ Petition No. 2042/1994.
(2.) THE petitioner appellant was dismissed from the service vide order, dated 31. 3. 1993, of the Superintendent of Police, Jhunjhunu, on being found proved against him three charges communicated to him vide memo, dated 2. 9. 1992, Annexure-1. Against this order, the petitioner appellant filed a departmental appeal which was dismissed by the appellate authority. These orders are challenged by the petitioner appellant in the aforesaid writ petition and that was dismissed under the impugned order, thus this special appeal. The learned counsel for the petitioner appellant contended that the Superintendent of Police, Jhunjhunu was not competent to order for dismissal of the petitioner appellant from the services. In his submission the Inspector General of Police was the competent authority to punish the petitioner appellant by the major penalty. It is next contended that the copy of the enquiry report was not furnished to the petitioner appellant and thus the order of the respondent to dismiss him from the services is illegal. Further it is submitted that the appellate authority has not passed a speaking order; it has not considered the points raised in the memo of appeal. Carrying this contention further the learned counsel for the petitioner appellant urged that the learned Single Judge has dismissed the writ petition of the petitioner appellant considering it to be a case of compulsory retirement.
(3.) LASTLY it is contended that the penalty of dismissal of the petitioner appellant from the service is highly excessive and disproportionate to the misconduct alleged to have been committed by the petitioner appellant. Shri J. K. Agarwal, the learned Additional Government Advocate, appearing on behalf of the respondents, on the other hand, supported the order of the learned Single Judge. We have given our anxious and thoughtful consideration to the rival contention made by the learned counsel for the parties. ;