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2005 DIGILAW 1584 (RAJ)

Sriram v. State of Rajasthan

2005-05-27

AJAY RASTOGI

body2005
Judgment Ajay Rastogi, J.-By this writ petition, the petitioner assailed the order of his termination dated 21.03.1994 and so also the order dated 09.09.1994 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur whereby the appeal preferred by him was rejected against the order of termination. 2. Several ground have been raised by the petitioner questioning the validity of the order of termination and so also the order passed by the Tribunal, but it has been informed to this Court that so far as the matter pertains to those applicants, who were guilty of concealment of facts at the time of recruitment, such controversy involved in the present matter has been settled by the Full Bench of this Court. However, Counsel for petitioner has submitted that similarly situated persons have been discharged from service on the ground of suppression of material facts in regard to pendency of criminal trial and subsequently have been acquitted by the trial Court. They have been taken back in service under a policy decision taken by the State Government. Counsel has brought to my notice the policy decision of the State Government dated 20.11.2002 (Annexure-14), which contains the, list of 114 persons, who were appointed on the different posts of Driver and Head Constable in various districts. 3. One Shri Krishan Gopal, who was similarly situated like the present petitioner his services were also terminated on the ground of suppression of material facts in which while seeking appointment his services were terminated vide order dated 04.04.1994 and he has preferred appeal alongwith him before the Service Tribunal and his appeal was also dismissed vide order dated 09.09.1994 (Annexure-7). The petitioner as well as Shri Krishan Gopal both preferred writ petition before this Court and the petition preferred by Shri Krishan Gopal No. 6130/1994 was decided on 110.2002 with the direction to make representation before the Director General of Police to consider the same after providing him personal opportunity of hearing within a period of two months and in compliance of order passed by this Court Shri Krishan Gopal has been reinstated vide order dated 30.09.2003 (Annexure-12). 4. Counsel for petitioner submits that the present petitioner is also similarly situated person and in the criminal case he has been acquitted by the competent Court and he too is entitled for same benefits as extended to Shri Krishan Gopal, who was similarly situated person like him. 5. 4. Counsel for petitioner submits that the present petitioner is also similarly situated person and in the criminal case he has been acquitted by the competent Court and he too is entitled for same benefits as extended to Shri Krishan Gopal, who was similarly situated person like him. 5. In the present facts situation, I deem it proper to direct the petitioner to file a fresh representation pointing out all the details and facts for consideration before the Director General of Police and if such representation is submitted by him within a period of one month from today, the Director General of Police may examine the same after taking note of observations made hereinabove and after affording reasonable opportunity to the petitioner, may decide his representation within a period of two months thereafter. Copy of the decision be communicated to the petitioner. It is further made clear that the observations made by the Tribunal in Appeal No. 73/1994, which has been decided on 09.09.1994 shall not come in the way of authority in taking decision on the representation which will be submitted by the petitioner under the directions of the Court and the authority will be free to decide the same. 6. With above observations, the writ petition is, accordingly, disposed of with no order as to costs.