CW Case No. 4615 of 2012. Case: Om Prakash Vs State (Home Department) and Ors.. Rajasthan High Court
| Case Number | CW Case No. 4615 of 2012 |
| Counsel | For Appellant: K.C. Sharma, Adv. and For Respondents: A.S. Khangarot, GC |
| Judges | Alok Sharma, J. |
| Issue | Constitution of India - Article 226 |
| Judgement Date | Wednesday February 08, 2017 |
| Court | Rajasthan High Court |
Order:
Alok Sharma, J.
A challenge has been made to the orders dated 21-5-2010, 6-8-2010 and 28-11-2011, i.e. order of penalty as confirmed in appeal and review where the petitioner has been removed from service from the post of constable following a departmental enquiry under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeals) Rules, 1958 (hereinafter 'the Rules of 1958').
The facts of the case are that the petitioner a constable posted at Kotwali Alwar was served with a charge-sheet under Rule 16 of the Rules of 1958 on the ground that while he was sent for job training on 1-9-1993 at 8.00 AM to Police Line Alwar he reached it only on 3-9-1993 at 1.30 PM in an inebriated state with blooded injuries on his person. On medical examination he was found to have consumed excessive liquor. In the following enquiry, the Inquiry Officer found the charge of reporting for duty in an inebriated condition proved against the petitioner. The charge proved being very serious more so in the context of the uniformed service requiring discipline, the petitioner was removed from service vide penalty order dated 15-9-1995. A challenge to the said order was laid in writ petition No. 308/2002, which was partly allowed vide...
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