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The State of Rajasthan is in appeal before this Court against the order dated
09.09.2020, passed by a Division Bench of Rajasthan High Court (jaipur Bench).
By the impugned order the Division Bench was upheld the order of the learned
Single judge which had allowed the writ petition of the present respondent,
quashing his dismissal from service. Respondent had entered Rajasthan Police
Service as a constable, in the year 1987. The same year, while he was posted
at the Police Station Mania, District Dholpur (Rajasthan), he allegedly committed
a criminal offence, apart from an act of gross indiscipline. On the fateful day of
15.10.1987, he was wandering around the town in the evening, in company of
one Lokman. Respondent was off duty but in police uniform, when he allegedly
caught one Mahesh Kumar and demanded Rs.100/- from him. On his refusal,
Mahesh Kumar was asked to show the papers of his motorcycle and when he
failed to show these papers, Phool Singh took hold of this motorcycle and then
tried to run away with it. Meanwhile, due to the alarm raised by Mahesh Kumar
a crowd also gathers in support of Mahesh Kumar. At this point, Phool Singh is
alleged to have waved a gun ("Pachpera"), towards the crowd but was nevertheless
chased by the crowd, Phool Singh succeeds in getting inside his house, which
was nearby. Once inside his house, he fires from his gun which injures the inmates
of the house, i.e., his family members, besides damaging the property. All this results
in lodging of an FIR (No. 146/1987) against the respondent, at Police Station Mania,
under Sections 392, 307 IPC and Section 34 of Police Act read with Section 3/25
of Arms Act. After investigation in the case a chargesheet was filed against
Phool Singh and Lokman. Ultimately charges were framed under Section 392 IPC
and Section 3/25 of the Arms Act by the Trial Court. The Trial Court then convicts
Phool Singh, under Section 392 IPC and sentences him for one-year rigorous
imprisonment and fine for each of the above two offences, with default stipulations,
vide order dated 31.03.1994.