Judicature For Rajasthan High Court · 2008

HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Yogesh Gupta, for petitioner *** Petitioner, who is working as Sub-Inspector at the relevant time, was SHO, Police Station, Hindaun City, District Karauli. FIR No.616/03 u/ss.498A, 406 & 120B IPC was registered against few accused persons and despite their application u/s.438 Cr.P.C. being rejected by this court, allegation levelled against the petitioner was that he made no efforts and has shown their arrest on 9th June, 2004 and produced before the court on the same day where they were granted bail. Since he failed in making proper investigation and adopting appropriate procedure available under law, disciplinary authority served him a notice under R.17 of CCA Rules and after taking his explanation into consideration, found him guilty and punished with the penlaty of stoppage of one annual grade increment without cumulative effect vide order dt.21st December, 2004 – against which he preverred appeal that too was dismissed by the authority vide order dt.16th July, 2007. CW 9731/07 [2] Counsel submits that the act which has been referred to in the notice served upon is not a misconduct and placed reliance on the judment of apex court reported in 2007 (4) SCC-566. Petitioner was Investigating Officer in FIR No.616/03 and for a delinquency committed by him which has come on record certainly it was a misconduct for which he was charge sheeted. As regards judgment [supra] on which counsel for petitioner placed reliance is of no assistance in the facts of instant case. This court has gone through the order passed by the authority and does not find any infirmity which may call for interference. Consequently, writ petition fails and is hereby dismissed. [AJAY RASTOGI], J. FRBOHRA9731CW07 9-9.doc