- (1.) Petitioner has preferred this writ petition making the following prayers:- "(i) By issuing an appropriate writ, order or direction in the nature thereof and thereby to declare that the absence from duty on medical ground or otherwise for which leave has been sanctioned does not come under the purview of willful absence. This cannot be made subject matter of initiation of departmental enquiry under the Rajasthan Civil Services (Classification, control and Appeal) Rules, 1958; (ii) By issuing an appropriate writ, order or direction in the nature thereof and thereby to declare that initiating a departmental enquiry on the charges of which a person is facing trial in in criminal court amounts to misuse of provisions of the Rules of 1958, hence, the impugned orders passed vide (Annexure-2) may kindly be quashed and set-aside. (iii) By issuing an appropriate writ, order or direction in the nature thereof and thereby to declare that violation of mandatory sub-rule 5 and sub-rule 6 of the Rules of 1950 amounts to denial of affording a reasonable opportunity to defend the petitioner, hence, the departmental enquiry proceedings may kindly be declared illegal and the same may kindly be quashed and set-aside; (iv) By issuing an appropriate writ, order or direction in the nature thereof and thereby to declare that the order of appellate authority (Annexure-4) dated 23.5.97 is unreasoned, biased and has passed mechanically without applying his mind, therefore, void-ab-initio hence, the same may also be quashed and set- aside and the petitioner be reinstated in service deeming that no impugned orders Anx.3 and 4 were passed; (v) The cost of this petition may kindly be awarded in favour of the humble petitioner; (vi) Any other order, or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be passed in favour of the humble petitioner."
(2.) The facts as noticed by this Court are that the petitioner was recruited and appointed as a Class IV employee (Cook) on 21/07/1979 and performed his duties in the Rajasthan Police Academy, Jaipur. The petitioner, while on leave since 01/11/1991, was arrested on 23/12/1991 and remained in custody from 23/12/1991 to 01/01/1992. There were in all three cases registered against the petitioner for the offence under Section 379 IPC, bearing FIR No.426/1991 & 429/1991 at Police Station, Jhotwara, Jaipur and FIR No.516/1991 at Police Station Shastri Nagar, Jaipur. The proceedings under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (for short, 'CCA Rules, 1958') were also initiated against the petitioner on 24/03/1992 in which a final order was passed on 30/04/1994 whereby services of the petitioner were terminated. However, the competent authority sanctioned the privilege leave from 01/11/1991 to 22/12/1991. The leave during suspension period of about 14 days was also granted as extraordinary leave. Thus, regularizing 52 days as PL and 14 days as UL. The petitioner preferred a departmental appeal against order of termination which was rejected by the appellate authority vide order dt.23/05/1997.
(3.) It was stated in the reply that the petitioner had checkered career as previously also, vide order dated 17/04/1990 a punishment was imposed after conducting the proceedings under Rule 16 of the CCA Rules, 1958. The present absence of 339 days because of the custody period as well as afterwards reflects upon the demeanor of the petitioner.;