V.G.PALSHIKAR, J. - (1.) THE petitioner who was Assistant Sub Inspector of Police in Rajasthan Police, has by this petition challenged the order passed by the respondent, State in exercise of its powers under Rule 19 of the Rajasthan Civil Service (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as 'the Rules') terminating the services of the petitioner as his conduct had laid to his conviction by court of competent criminal jurisdiction. While passing this order, the fact that the appeal is pending was ignored.
(2.) THE petitioner was charged under the provisions of Section 342, 366A and 376 of the Indian Penal Code on the allegation of having abducted and raped a girl called Kalawati. During this trial, proceedings for departmental action against the petitioner under Rule 16 of the Rules was commenced and Circle Inspector was appointed as Enquiry Officer, thus the departmental action for misconduct under the Rules was started, during the pendency of criminal prosecution both of which can be simultaneously commenced and no illegality was committed till then. That on 1.5.93, the criminal case was decided and the petitioner was found guilty of an offence under Section 354 of the Indian Penal Code and was sentenced to suffer simple imprisonment for four months. The petitioner preferred an appeal against this order. It was admitted and the sentence was suspended. On 3.7.93, a notice was issued to the petitioner to show cause why action against him should not be taken under Rule 19 of the Rules. The petitioner showed cause which was not acceptable and therefore, on 3.9.93, order of punishment was passed. He was penalised with compulsory retirement.
(3.) THE petitioner filed an appeal against this order which was decided on 22.12.95 and the same was rejected. In the meantime, criminal appeal No. 180/93 against the conviction of the petitioner was decided by this Court and the petitioner was acquitted by the order dt. 19.1.95. However, this fact was not noticed by the D.I.G. Police, Udaipur. Range, Udaipur while deciding the appeal on 22.12.95. It is in the circumstances that the present petition is filed impugning the order of punishment passed under Rule 19 of the Rules.;