-1- S.A.W. No.1020/2007 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR J U D G M E N T D.B. Civil Special Appeal No.1020 of 2007 IN S.B. Civil Writ Petition No.10236 of 2005. Ran Singh son of Shri Sheo Ram VERSUS The State of Rajasthan and Others Date of Judgment :::: 19/07/2010 Hon'ble Mr. Justice Dalip Singh Hon'ble Mr. Justice S.S. Kothari Mr. Ashok Gaur, Counsel for the appellant Mr. N.A. Naqvi, A.A.G. for the respondents *** Per Court : Heard learned counsel for the parties. In this special appeal, the appellant has challenged the judgment of the learned Single Judge dated 13.02.2006 by which the writ petition filed by the petitioner against the order of dismissal pursuant to the departmental inquiry held under Rule 16 of the C.C.A. Rules, 1958 has been dismissed. The appellant was recruited to the Rajasthan Police after having been discharged from the Army on completion of 17 years of service. During the course of training in the Police academy, the appellant was charged with the misconduct of consumption of liquor and entering into a quarrel and hurling abuses. Another charge against the appellant was with regard to being willfully absent from duty for 62-days without sanction of any leave. Both these charges were held proved against the appellant. -2- S.A.W. No.1020/2007 The appeal and review petition filed by the petitioner-appellant were also dismissed. Hence, the writ petition was filed which was dismissed by the learned Single Judge. The learned Single Judge has found both the charges proved and has affirmed the findings given by the disciplinary authority, the appellate authority and the reviewing authority. We are, therefore, unable to persuade ourselves to enter into re-appreciation of the evidence with regard to the findings on the aforesaid charges in this special appeal after concurrent findings. Learned counsel for the appellant next contended that the penalty of dismissal was very harsh in the facts and circumstances of the case and may be reduced. We have considered the aforesaid submissions of the learned counsel for the appellant with regard to the quantum for punishment. So far as the facts of the present case are concerned, looking to the charge against the appellant and the fact that inspite of having been a member of the Armed Forces, which necessarily entails higher standard of discipline, it was expected from the appellant to maintain a similar discipline and standard while under going training after his recruitment to the Police Force. While being under training itself the appellant has shown that he has lost all sense of discipline by consuming liquor, quarrellings and abusing others and also remaining absent without leave for as many as 62 days. -3- S.A.W. No.1020/2007 In the facts and circumstances, we find no reason to interfere with the quantum of punishment awarded to the appellant. The special appeal is accordingly dismissed. (S.S. Kothari) J. (Dalip Singh) J. Ashok/