Hon'ble MISHRA, CJ.—The question arises for consideration is with respect to power of the Superintendent of Police to impose penalty of removal or dismissal specified in Rule 14 (vi) & (vii) of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as “the Rules of 1958”). Following question has been referred to the Larger Bench for consideration by one of us Mohammad Rafiq,J on 7.12.2009:-

“Whether in view of the note (ii) below Rule 15 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958, Superintendent of Police is competent to impose the penalty of removal or dismissal specified respectively in clauses (vi) and (vii) of Rule 14 thereof?”

2. In S.B. Civil Writ Petition No.331/1995 Prem Singh vs. State of Rajathan & ors. , the petitioner has questioned the order of dismissal from service passed by the Superintendent of Police, Jaipur City and the order passed by the Dy.Inspector General of Police, Jaipur dismissing appeal upholding the penalty of dismissal from service. It is not in dispute that the petitioner was appointed as Constable by the Superintendent of Police and he was confirmed also.

3. In S.B. Civi

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