ORDER :

1. By filing this writ petition the petitioner has assailed the order dated 14.01.2020 passed by the Dy. Inspector General of Police, Sub-District Superintendent of Police, Bharatpur (Office of Superintendent of Police, Bharatpur) [For short ‘the Disciplinary Authority’], whereby he was dismissed from service after exercising the powers under Rule 19(ii) of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (for short ‘the Rules of 1958’). The petitioner has also assailed the order dated 16.12.2020 passed by the Inspector General of Police, Bharatpur Range, Bharatpur (for short ‘the Appellate Authority), whereby the appeal of the petitioner filed against the punishment order dated 14.01.2020 was dismissed and the penalty imposed upon him of dismissal from service was upheld.

2. Counsel appearing for the petitioner submitted that no opportunity of hearing was accorded to the petitioner before his dismissal from service after exercising the powers under Rule 19(ii) of the Rules of 1958, which is ex-facie arbitrary, illegal and is a sheer case of misuse of the powers. Counsel further submitted that neither any notice to show- cause nor any notice of hearing was served upon the petitioner nor any inquiry was conducted into the allegations leveled against him.

Counsel further submitted that the petitioner has been dismissed from service on the basis of the preliminary enquiry report, observing that the allegations against him while working on the post of Assistant Sub Inspector, have diminished the image of the Police Department saying that the act committed by him is a heinous offence involving the moral turpitude. Counsel further submitted that the allegations leveled in the FIR No.0626/2019 registered at Police Station Kaman, District Bharatpur and also allegations leveled in FIR No.0117/2019 registered at Police Station Uchhain, District Bharatpur were made the basis of dismissal of the petitioner from service. Counsel further submitted that the FIR No.0626/2019 has been quashed by the High Court vide order dated 18.02.2021 passed in S.B. Criminal Misc. (Petition) No. 343/2021 and the Negative Final Report has been filed by the Investigating Agency in FIR No.0117/2019 stating to be a case of civil nature.

Counsel further submitted that in view of the fact that FIR No. 0626/2019 has been set aside and Final Negative Report has been filed in FIR No.0117/2019, no material remains with the respondents to sustain the dismissal of the service of the petitioner and to keep the petitioner out of service.

Counsel further submitted that the powers given under Rule 19(ii) of the Rules of 1958 are to be exercised by the respondents in a rare case where it seems to the authorities that it would be undesirable to continue the delinquent in service further. For exercising the powers under Rule 19(ii) of the Rules of 1958, reasons have to be assigned for the same but in the instant case, no specific and satisfactory reasons have been assigned for invoking such powers.

3. Counsel further submitted that no full fledged inquiry was conducted in regard to the allegations leveled against the petitioner and the order of dismissal of the petitioner from the service is violative of Article 311 of the Constitution of India.

Counsel further submitted that the allegations leveled in the FIRs registered against the petitioner are false and fabricated without there being any legal sanctity. Counsel further submitted that the FIR No.0117/2019 was registered after a delay of more than six years and the allegations leveled in the FIR do not constitute any kind of offence against the petitioner which involves moral turpitude. Counsel also submitted that the service record of the petitioner is unblemished and he has been awarded various appreciation certificates for performing the duties. Therefore, imposing penalty of dismissal upon the petitioner from service without conducting an inquiry is in no manner can be said to be justified i