Jodhpur, December 6 (Daily Kiran) – The Rajasthan High Court has delivered a significant judgment concerning the disciplinary actions within the police department. The court granted relief to a dismissed constable, ordering his immediate reinstatement and emphasizing that dismissing an employee is akin to causing their economic death, thus requiring solid evidence before such a decision.
Justice Farzand Ali, in a single-judge bench, accepted the petition of Constable Shankarram from Medata City, Nagaur district, and directed his immediate restoration to service. Shankarram joined the police force on September 24, 2008. He was accused of promising to secure a constable job in Pali district for Bhupendrasingh, son of contractor Richpal Singh who operated a canteen at the Police Training Centre, during Shankarram’s probation period in 2009-2010.
According to the allegations, Shankarram demanded Rs 1.3 lakh and received Rs 50,000 in advance, which was deposited into accounts of himself and his cousin. A chargesheet was served to him on May 4, 2015. Following a departmental inquiry, the disciplinary officer initially imposed a penalty of withholding two annual increments on November 29, 2016. Shankarram appealed, but the appellate authority sent the case back on September 29, 2017, stating the punishment was insufficient.
Subsequently, the disciplinary authority increased the penalty to withholding four increments on November 14, 2017. Later, the Inspector General (IG) of Jodhpur Range took suo moto action under Rajasthan Civil Services (CCA) Rules, 1958, Rule 32, and on May 15, 2018, canceled all earlier orders and dismissed Shankarram from service.
Shankarram’s lawyer challenged the IG’s order in court, arguing that the regular departmental inquiry lacked conclusive evidence. The main witnesses, the contractor and his son, retracted their statements during the inquiry. Furthermore, the related FIR at Kishangarh Police Station was treated as a civil matter after investigation, and the judicial magistrate accepted the final report.
After hearing both sides, Justice Farzand Ali observed that the IG had exercised his powers arbitrarily. The court set aside the dismissal order dated May 15, 2018, and related remand orders, directing Shankarram’s immediate reinstatement. The period from dismissal to reinstatement will be counted as continuous service. The case has been remanded to the IG, who may impose a new penalty within three months based strictly on the regular inquiry records, excluding preliminary investigations.
(Daily Kiran) / Satish
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