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1. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner, who is wife of Ratan Singh, who was Constable in the Police Department and died on 12.1.2002 (hereinafter referred to as "late Constable") on 16.7.2002 against the respondents with the prayer that by an appropriate writ, order or direction, the order dated 25.1.2000. (Annex. 2) passed by the respondent No. 4 Superintendent of Police, Rajsamand by which he after holding the late Constable guilty of some of the charges in a Departmental Enquiry under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as "the CCA Rules") imposed the punishment of dismissal from service on the late Constable, but for the period from 6.3.1999 to 12.3.1999 leave without pay was sanctioned and further, the appellate order dated 6.6.2001 (Annex. 3) passed by the respondent No. 3 Dy. Inspector General of Police, Udaipur Range, Udaipur by which the appeal of the late Constable against the order Annex. 2 dated 25.1.2000 was dismissed, be quashed and set aside.

2. The case of the petitioner as put forward in this writ petition is as follows :-

The husband off the petitioner, namely, Ratan Singh was Constable in the Police Department and he died on 12.1.2002.
When late Constable was posted at Police Line, Rajsamand, a charge-sheet under Rule 16 of the CCA Rules was issued to him by the respondent No. 4 Superintendent of Police, Rajsamand through memorandum dated 12.7.1999, a copy of which is marked as Annex. 1. A perusal of the charge-sheet Annex. 1 reveals that as many as six charges were levelled against the late Constable.
A reply to the said charges was submitted by the late Constable in which he denied all the allegations levelled against him.
After conclusion of the enquiry under Rule 16 of the CCA Rules against the late Constable the respondent No. 4 Superintendent of Police, Rajsamand held the late Constable guilty of some of the charges levelled against him and imposed the punishment of dismissal from service against him, but sanctioned his leave without pay for the period from 6.3.1999 to 12.3.1999 through impugned order Annex. 2 dated 25.1.2000.

Proved in toto Against the said order of dismissal, from service dated 25.1.2000 (Annex. 2) passed by the respondent No. 4 Superintendent of Police, Rajsamand, the late Constable preferred an appeal before the respondent No. 3 Dy. Inspector General of Police, Udaipur Range, Udaipur and the appellate authority (respondent No. 3 Dy. Inspector General of Police, Udaipur Range, Udaipur) through order dated 6.6.2001 (Annex. 3) dismissed the appeal of the late Constable.

The further case of the petitioner is that in respect of the same charges i.e. outraging the modesty of Smt. Mohini, a criminal case was also registered against the late Constable being No. 63/99 (FIR No. 169/99 Police Station Rajnagar) and after trial, the late Constable was acquitted of the charges for the offence under Sections 457, 323 and 354 IPC through judgment and order dated 20.11.2001 (Annex. 4) passed by the learned Chief Judicial Magistrate, Rajsamand.