B.S. Chauhan, J. - (1.) The instant writ petition has been filed by the petitioners for quashing the enquiry report of the disciplinary proceedings contained in Annexurc-2 to the petition, the order dated 30-11-95 (Annexure-3) passed by the Competent Authority removing the petitioners from service and order dated 14-10-96 passed by the Appellate Authority dismissing their appeal.
(2.) The facts and circumstances giving rise to this case are that while petitioners were working as Constables, a Criminal Case No. 11/1992 was registered against them on 29-2-1992 and they were put on trial. However, at the same time, disciplinary proceedings were initiated against them by issuing a charge-sheet on 16-5-1992 under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1959 (hereinafter referred to as "the Rules" and they were asked to file their reply within a period of fifteen days. Instead of filing reply to the charge-sheet, petitioner No. 1 filed S.B. Civil Writ Petition No. 4503/1992 before this Court on 17-8-1992. That writ petition was heard first time on 28-8-1992 and notices were issued. However, there was no interim order restraining the respondents to proceed with the departmental enquiry. The said writ petition was disposed of finally by the judgment and order dated 19-11-1992, by which the respondents were directed not to proceed with the enquiry till the criminal trial in respect of FIR No. 11/1992 is concluded. As the petitioners neither filed any reply to the charge-sheet nor co-operated with enquiry nor there was any interim order of the Court restraining the respondents to proceed with enquiry, the Enquiry Officer passed the order to proceed ex parte and the enquiry report (Annexure-2) was submitted on 18-12-1992, by which the charges of "Maarpeet" etc. were found proved against them. There are no pleadings by the petitioners that they had ever submitted the copy of the judgment and order of this Court dated 19-11-92 before the Competent Authority or Enquiry Officer before submission of the enquiry report on 18- 12-1992. The Disciplinary Authority did not act on the enquiry report dated 18-12-1992 as it had received the copy of the judgment of this Court dated 19-11-92 and as the criminal trial stood concluded vide judgment and order dated 12- 12-94 (Annexure-5) in which the petitioners had been acquitted. Petitioners were served with a copy of the enquiry report and were given a fair opportunity to file objections against the said enquiry report on 11-10-1995 and they filed their objections on 13-10-95 and 25-10-95 respectively. The Competent Authority applied its mind and passed a detailed order dated 30-11-95 (Annexure-3) agreeing with the Enquiry Officer and imposed the punishment of removal from service. Being aggrieved and dissatisfied from the order dated 30-11-95, petitioners preferred an appeal before the Deputy Inspector General of Police (respondent No. 2), which has been dismissed by a speaking and reasoned order dated 14-10-96 (Annexure-4), against which the petitioners, instead of filing a review application before the higher authority under Rule 34 of the Rules, preferred S.B. Civil Writ Petition No. 2688/1997 before this Court, which was dismissed as withdrawn with liberty to file fresh writ petition vide order dated 27-4-98 and the instant writ petition has been filed on 6-10-98.
(3.) Heard Mr. R. K. Soni, learned counsel for the petitioners and Mr. Ashok Chhangani, learned counsel for the respondents.;