2006 Supreme(Raj) 3226
P.S.ASOPA
Sambhu Singh – Appellant
Versus
State of Rajasthan – Respondent
Advocates:
For the Petitioner:Mr. Nitin Jain, Advocate.
For the Respondent: Dr. A.S. Khangarot, Addl. GA.
JUDGMENT
1. - The instant writ petition is directed against the order dated 9.6.1993 passed by the Superintendent of Police (Railway) Rajasthan, Ajmer, whereby the petitioner has been dismissed from service and the order dated 16.3.1994 of the Appellate Authority - Deputy Inspector General of Police (Railway) Rajasthan, Jaipur, whereby the appeal filed by the petitioner against the aforesaid dismissal order has been rejected.
2. Briefly stated the facts of the case are that petitioner's services were initially terminated on 9.9.1985 on the ground that a criminal trial under Section 342, 366, 376/34 Indian Penal Code is pending against him. The said order was challenged by the petitioner before the Service Tribunal and the Service Tribunal vide its order dated 3.12.1987 set aside the termination order on the ground that the order has been passed without conclusion of the trial and without holding any departmental enquiry. On 25.6.1988, the petitioner was suspended in contemplation of enquiry for the same charges, which were tried by the criminal court i.e. Sessions Judge, Pali, wherein he was acquitted vide order dated 9.9.1986. During criminal trial as well as departmental enquiry,
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