MANVENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant filed writ petition before the learned Single Judge seeking quashing of the order dated nil (appended as Annexure-7 with the writ petition) issued by the State Government reverting the appellant from the post of Inspector of police to the post of Sub-Inspector. The writ petition was dismissed by the learned Single Judge vide order dated November 29, 1999. Hence this appeal.

(2.) CONTEXTUAL facts depict that a charge sheet under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (in short `cca Rules'), was served on May 30, 1986 on the appellant while he was posted as SHO Police Station Karauli. Following five charges were framed against the appellant:-

(3.) HAVING carefully gone through the material on record we find that there is no evidence to support the conclusion of the State Government. A look at the memorandum of charges demonstrates that in the year 1982 while the appellant was posted as SHO at Police Station Salempur, informant Kinduri Lal Sarpanch, Gram Panchayat Jagdishpura submitted a written report on October 17, 1982 to the effect that dead body of unknown woman was floating in the well. The appellant registered Mrig Report No. 3/82 under Section 174 Crpc and handed over inquiry to Hajari Lal, Asstt. Sub-Inspector. Hajari Lal immediately went to the spot, got the dead body out of the well, drew inquest report and memo of site and got the autopsy on the dead body performed. During inquiry it was found that dead body was of Bhagwani, whose husband Sri Lal had already died some two and half years back. Hajari Lal suspected that somebody had murdered Bhagwani. Long and short of the five charges framed against the appellant was that he did not deliberately register a case and directed Hajari Lal ASI to proceed under Section 174 Crpc.