1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL WRIT No. 1299 of 1996 RAJENDRA PRASAD V/S STATE & ORS. Mr. GR BHARI for Mr. SANJAY MATHUR, for the appellant / petitioner Mr. IS PAREEK, DY. G.C.for the respondent Date of Order : 27.10.2009 HON'BLE SHRI N P GUPTA,J. ORDER ----- Heard learned counsel for the parties. By this writ petition, the petitioner seeks to challenge the order passed by the Supdt. Of Police dated 13.8.1993, and order dated 4.3.1995 passed by Dy. Inspector General of Police i.e. Disciplinary Authority and Appellate Authority respectively whereby the petitioner was imposed penalty of removal from service for the charges of unauthorised wilfull absence for a total period of 182 days in two piecemeal. It was also noticed that the employee was appointed on 4.6.1983, and till passing of the order he had absented for as long as 453 days in 15 instalments for which monetary penalties were imposed which also did not bring any improvement. The Enquiry Officer found that after service of charge-sheet which was served on 19.2.1993 the delinquent requested for being provided the defence assistant, and accordingly on 22.6.1993 Ex Sub Inspector was appointed then enquiry was conducted. The delinquent had filed reply to the charge-sheet, and had taken a stand of departmental witnesses being telling false stories. However, after discussing the 2 evidence the enquiry officer found the charges proved. A look at the record shows that the original petitioner, the employee, has expired on 1.5.2006. In this background a look at the writ petition shows that the main plank of the petitioner is about non-supply of enquiry report. However, a look at memo of appeal filed by the delinquent produced as Annexure-7, and review petition Annexure-10 shows that this has never been taken a ground before the authorities below, and therefore, in view of the judgment of this Court in R.S.Udawat Vs. S.B.I. S.B. Civil Writ Petition No. 3486/1993 decided on 12.1.2006 this ground cannot be entertained now for the first time in the writ petition. Thus, considering the totality of circumstances, I do not find any force in the writ petition. The same is, therefore, dismissed. ( N P GUPTA ),J. /Sushil/