G.R MOOLCHANDANI,J. - (1.) The respondent was working as a Constable under the State of Rajasthan. His brother-in-law named Vinod Kumar filed a complaint under Section 156(3) Cr.P.C., 1973 pursuant to which FIR No.182/2005 P.S. Jhotwara for offences punishable under Sections 420/467/468/471 IPC was registered.
(2.) In his complaint, Vinod Kumar stated that he was the owner of Plot No.47, Green Town, Jhotwara. He gave the original papers to the respondent to obtain an electricity connection but on the basis of a forged sale-deed the respondent managed to obtain an electricity connection in his name. The respondent was arrested and sent to judicial custody. On being released on bail he joined duty and claimed he being ill to justify his absence.
(3.) Taking cognizance of the FIR and respondent being in judicial custody the department issued a charge-sheet to the respondent on 09/05/2007 to initiate the major penalty proceedings. The charge-sheet reads as under:- "(1) In order to grab plot No.47, Green Town, Jhotwara of Shri Vinod Kumar, Son of Shri Dharampal Singh you prepared a forged sale deed in your name. (2) You by producing the forged sale deed before the Electricity Department got one electricity connection in your name. (3) Against you one criminal case bearing No.182/05 under Sections 420, 467, 468, 471 I.P.C. has been lodged at Police Station Jhotwara, in which after investigation challan through charge Sheet No.400 dated 23.12.2005 has been filed before Court of ACJM No.3. (4) On 6.11.2005 you went from Police Line Jaipur City. Instead of giving attendance you remained will fully absent. You after remaining willfully absent for 44 days you appeared on 23.12.2005 at Police Line, Jaipur City. (5) You are arrested and sent for judicial custody under Criminal Case bearing No.182/2005 under Sections 420, 467, 468, 471 I.P.C. but this fact was concealed by you and in your joining report you mentioned regarding illness. This act of yours is in violation of Rule 4 of Rajasthan Civil Services (Conduct) Rules, 1971. (6) You never informed to your officer during your willful absence period and never tried to get your leaves sanctioned. (7) On perusal of your previous service record you in your small service tenure remained willfully absent for 20 times, which were regularized by sanctioning leaves, but you did improve your behavior. (8) In order to get unwanted benefit you produced forged evidence before enquiry officer during departmental enquiry against you under Rule 16 of C.C.A. (9) For producing forged evidence one Criminal Case No.137/2003 under Sections 419, 205, 120-B of I.P.C. was lodged at Police Station Banipark and was filed in the Court of A.C.J.M. No.17 through Charge Sheet No.98/2003.";