Honble MISHRA, J. – The petitioner, Sundar Bai is the widow of one Gopal Lal who had been working as Constable in the Rajasthan Police and was posted at Police Lines, Bundi prior to his death and dismissal.By an order dated 25.1.1963 the petitioners husband was dismissad from service for the charge of gambling under Sec. 3/4 of the Gambling Act of 1949 as he was alleged to have been found gambling by playing cards in the house of one Nand Lohar with three others and was,therefore, held guilty of misconduct in a departmental enquiry, as a result of which he was dismissed from service. A criminal case for the same charge had also been lodged against Gopal Lal, which was tried in the Court of Divisional Magistrate, Bundi and by judgment and other dated 1.9.1970, the Constable Gopal Lal was acquitted of the aforesaid charge. It may be pertinent to state herein that Gopal Lal had taken an objection in the departmental proceeding that the criminal trial and the departmental proceeding for the same charge should not simultaneously be allowed to proceed, but the Superintendent of Police, who held the enquiry had refused to acceed to the said request and had conducted the departmental proce

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