S.B. Civil Writ Petition No. 13306/2011. Case: Kailash Dan Vs State of Rajasthan and Ors.. Rajasthan High Court

Case Number:S.B. Civil Writ Petition No. 13306/2011
Party Name:Kailash Dan Vs State of Rajasthan and Ors.
Counsel:For Appellant: R.N. Mathur, Senior Advocate and Shovit Jhajharia, Adv. and For Respondents: A.S. Khangarot, AGC
Judges:Alok Sharma, J.
Issue:Constitution of India - Articles 226, 311(2); Indian Penal Code 1860, (IPC) - Section 294
Judgement Date:February 16, 2017
Court:Rajasthan High Court
 
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Order:

Alok Sharma, J.

  1. Having been found guilty of misconduct of consuming liquor in company of another constable while on duty on the night intervening 9/10-7-2004 and also having indulged in the unsavory act of paid sex with a call girl while on duty for which he was also being prosecuted in FIR No. 120/2004 registered at Police Station Banipark Jaipur inter alia for offences under Sections 6 and 7 of the Prevention of Immoral Traffic Act, 1956 (hereinafter 'the PITA Act') as also Section 294 IPC, the petitioner was removed from service vide order dated 24-5-2007. The said order was affirmed by the Appellate Authority on 11-2-2008 and review there against was dismissed vide order dated 25-2-2011. Not letting up the petitioner has now used the easy and cheap access to this court invoking its extraordinary jurisdiction under Article 226 of the Constitution of India. He seeks quashing of the aforesaid three orders whereby he has been removed from service and resultant reinstatement, of course, with all consequential benefits.

  2. The facts of the case are that the petitioner serving as a Constable with the Rajasthan Police was charge sheeted under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeals) Rules, 1958 (hereinafter 'the Rules of 1958') on 11-10-2004 on the allegation that while on duty at the treasury in the office of District Collector Jaipur he consumed liquor in the company of another Constable Prem Prakash and had paid sex with one Meena, a call girl, in the Guard Room. It was alleged that on the aforesaid facts FIR No. 120/2004 at Police Station Banipark Jaipur had also been registered against the three persons aforesaid under Sections 6 and 7 of the PITA Act and Section 294 IPC wherein the petitioner had been arrested and sent to Judicial Custody before being bailed out. Reply of denial was filed by the petitioner. Enquiry officer was appointed. In support of the allegations in the charge sheet, the department relied on 19 witnesses and 27 documents. The defence set up by the petitioner being found to be baseless on the evidence on record, the Enquiry Officer found him guilty of all charges alleged. Enquiry report was submitted to the Disciplinary Authority. Opportunity of hearing was provided to the petitioner vide a notice under Article 311(2) of the Constitution of India. Reply to the notice under Article 311(2) of the Constitution of India was found unsatisfactory and the finding of the Enquiry Officer endorsed by the Disciplinary...

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