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2006 Supreme(Raj) 522

AJAY RASTOGI
Mata Prasad – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. R.K. Gaur, for the Petitioner.
Mr. B.K. Sharma, Deputy Government Advocate, for the State.

Judgment

Ajay Rastogi, J.-Instant petition has been filed against order dated 212.1989 (Annexure 8) whereby petitioner was dismissed from service after holding inquiry under Rule 16 of Rajasthan Civil Services (Classification, Control and Appeal) Rules,1958 ("CCA Rules") and appeal against dismissal was also rejected vide order 23.08.1990 (Annexure11).

2. Facts, in brief are that petitioner was appointed as Constable on 15.08.1984 and while posted at Police Station Bari, criminal case was registered against him for committing theft in house of one Vinod Kumar in night of 011.1988 and after he proceeded on 3 days casual leave from 18.07.1988 and was supposed to report back on duty on 21.07.1988 but without making any intimation or prior permission from authority, he remained wilful absent for more than 49 days. For aforesaid acts, he was served with charge-sheet imputing charges vide memo dated 16.03.1989 (Annexure 5) under Rule 16 of CCA Rules. He submitted reply to the charge-sheet. Competent authority appointed Police Circle Officer, Shri Yashpal Sharma, as Inquiry Officer vide order dated 11.04.1989, but before he could submit his report of inquiry, he was transferred, therefore




















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