JUDGMENT

Sanjeev Prakash Sharma, J. - These two writ petitions raise common question of law and are also in relation to same facts, hence are being decided jointly.

2. The petitioner Mahesh Chand Sharma, who was working as an Inspector in the Rajasthan Police, after having already served for 18 years in Indian Air Force, was asked to get his DNA Test conducted and was subsequently subjected to initiation of departmental enquiry vide memorandum dated 16/12/2000 during pendency of the writ petition alleging of having illicit relations with one Dharma Rani (petitioner in the connected writ petition) who is a Constable working in the Rajasthan Police; and also of having begotten a child from their illicit relations on 24/05/1997.

3. The petitioner Dharma Rani in the connected writ petition has been charge-sheeted vide memorandum dated 16/12/2000 of living with Mahesh Chand Sharma as husband and wife in House No.151, Jeen Mata Ka Khurra, Galta Road, Jaipur. She has been further charged of having stated during preliminary enquiry conducted on 16/08/1997 of having got married to one Mahesh Chand Sharma son of Bhagwati Prasad Sharma on 10/07/1989 at Udaipur and the marriage having taken place after performing Hindu rites and that she has been going to and fro to her in-laws place after taking leave and in the second statement, which she has submitted to the authorities on 24/12/1998, she has mentioned of the marriage having taken place at Udaipur in a temple which she does not know and also does not know where her in-laws are staying in Udaipur and thus, has given misleading statements. The third charge levelled is again of misleading the authorities by giving wrong date of marriage as 10/07/1989 while in an application for taking casual leave she has mentioned of sudden marriage having taken place vide her application dated 13/07/1992 for leave from 08/07/1992 to 12/07/1992. The fourth charge levelled against her is of her father's statement contrary to her version wherein her father has refused to have performed "Kanya Dan" of his daughter Dharma Rani and has not participated in her marriage and thus there was no marriage performed by her with Mahesh Chand Sharma son of Bhagwati Prasad who has also not been produced during the course of preliminary enquiry. The further charge is that the petitioner Dharma Rani has mentioned name of father of her child Yogendra as Tikam Chand (Mahesh) Haldenia in the card of 'Janam Mahotsava" while in the nomination Form No. GA- 126 (RSR) dt.12/04/1993, she has mentioned name of nominee as Mahesh Chand Sharma. The sixth charge levelled against her is of having illicit relations with Mahesh Chand Sharma, Police Inspector and of having begotten a child on 24/05/1997 and she along with Mahesh Chand Sharma, Police Inspector have conducted "Havan" prayer as husband and wife while performing birth ceremony of the child. Further allegation is of the petitioner Dharma Rani living with Mahesh Chand Sharma son of Shri Girraj Prasad, Police Inspector and maintaining illicit relations and having acted in contravention of the Rajasthan Conduct Rules and tarnished police image in public and thus has committed misconduct.

4. The petitioner Mahesh Chand Sharma had originally filed writ petition only against the letter dated 30/01/1999 whereby he was directed to get his DNA Test conducted with further prayer to quash the enquiry which may be conducted against him.

5. During the pendency of writ, petitioner Mahesh Chand Sharma had been suspended from service vide order dated 14/03/2001 and this Court vide order dated 23/03/2001 stayed the operation of order of suspension till disposal of the writ petition and further proceedings of the departmental enquiry were also stayed till disposal of the writ petition. Petitioner Mahesh Chand Sharma has attained superannuation during pendency of writ.

6. Similarly, in writ petition of the petitioner Dharma Rani vide order dated 28/03/2001, the departmental proceedings as well as the o