- (1.) The petitioner Mishri Lal, a former Police Constable, has approached this Court by way of the instant writ petition assailing the validity, propriety and legality of the order (Annex.2) dated 14.1.2002 passed by the disciplinary authority, being the Superintendent of Police, Bhilwara whereby a penalty of removal from service was imposed on the petitioner and simultaneously, the alleged period of 507 days' of his unauthorized absence from duty was sanctioned as leave without pay and the order (Annex.4) dated 15.10.2004 whereby the appeal preferred by the petitioner against the order imposing penalty was dismissed by the appellate authority being the I.G. Range, Ajmer.
(2.) Facts in brief are that a charge-sheet under Rule 16 of the CCA Rules was served upon the petitioner along with the statement of allegations in the year 1998. The Superintendent of Police, Bhilwara appointed the Dy.SP cum Circle Officer, Shahpura as Inquiry Officer to conduct an inquiry under Rule 16(4) of the CCA Rules against the petitioner. The following articles of charge were framed against the petitioner by the Inquiry Officer :- (i) The petitioner after consuming liquor quarrelled with Head Constable Ram' Singh, and caused him grave injuries. Thereafter, Ram Singh was thrown down the stairs of the office of Project Officer, Jahajpur. The petitioner did not inform anyone that Ram Singh was lying in an injured condition at that place where he continued to lie for whole of the night in a state of unconsciousness. (ii) As a result of the injuries caused by the petitioner, Ram Singh expired on 13.5.1996 and an FIR No. 175/96 was registered at the Police Station Jahajpur against the petitioner for the offence under Section 302 IPC. The petitioner was arrested and upon the conclusion of investigation, a charge-sheet was filed against him for the offence under Section 302 IPC. (iii) In order to avoid arrest in the aforesaid case under Section 302 IPC, the petitioner sought and procured 10 days leave from the Police Line, Bhilwara on 2.5.1997. He did not join duty on expiry of the leave period and, remained absent from duty without permission. He returned back on 13.10.1997 and marked his presence at the police line without any permission for extension of leave from the higher officials. He also did not give any explanation for the period of unauthorized absence. (iv) Though being employed in a disciplined force, the petitioner indulged in a grave and serious offence of murder and in order to avoid arrest, absented from duty and thereby committed grave misconduct.
(3.) The petitioner denied the charges levelled against him. A retired Sub-Inspector of the Police was appointed as the petitioner's defence nominee to defend him in the inquiry. The record was completed and the petitioner was permitted to inspect the same and take extract. Eight witnesses were examined by the department in support of its case. A short summary of the statements of departmental witnesses examined by the Inquiry Officer is noted hereinbelow for the sake of convenience : "PW1 Ladu Lal Head Constable." The witness stated that on 14.5.1996 in the morning, the roll call was taken by Banshi Lal Head Constable and Ladu Ram Singhal incharge of the Police Station. The petitioner was present in the roll call but Ram Singh was missing. On inquiry, Mishri Lal informed that Ram Singh was lying in the office of the Project Officer, Jahajpur located opposite to the Police Station Jahajpur. The incharge proceeded to the Project Officer's office. Ram Singh was seen lying in an unconscious condition near the stairs. He was taken to the hospital at Jahajpur from where he was referred to Jaipur. He expired while undergoing treatment at the SMS Hospital Jaipur. Mrig proceedings under Section 174 Cr.P.C. were instituted at the Police Station for inquiry into the cause of Ram Singh's death. When the witness went to the scene of occurrence, he saw a bottle of liquor, a water pot in broken condition and the blood stained beddings of Ram Singh lying there. Ram Singh's father submitted a report at the Police Station on the basis whereof, an FIR No. 175/96 came to be registered at the Police Station Jahajpur for the offence under Section 302 IPC. The witness further alleged that the petitioner and Ram Singh had both come to the Police Station Jahajpur as a Challani Guard on 6.5.1996 and 9.5.1996 respectively. Both generally stayed together and instead of sleeping at the Police Station in the night, used to sleep on the roof of the Project Officer's office. They also consumed food and liquor together at the same place.;