Saleem Khan vs State Of Rajasthan & Ors on 15 July, 2014
3. Briefly, the indispensable essential material facts are: that the petitioner instituted writ proceedings registered as S.B. Civil Writ Petition Number 484 of 1985 (Saleem Khan v. State of Rajasthan & Ors.), assailing the order of the Principal, Superintendent of Police, Kota, dated 24th February, 1983, terminating his service for his alleged absence from duty for 19 days as informed by the Principal, Rajasthan Police Academy, vide order dated 15th February, 1983. This Court taking into consideration the facts and materials available on record, also examined the validity of the Standing Order Number 10/76, and concluded that the requirement of holding an enquiry, where the service of an employee is being terminated, on the specific allegation of misconduct, namely, absence during the course of training, cannot be dispensed with. In the result, the writ application of the petitioner was allowed quashing the order dated 24th February, 1983, impugned therein with a further direction to reinstate the petitioner and provide another opportunity of training afresh. In the event, the petitioner successfully completed the training, he would be entitled for confirmation in service along with all other consequential benefits but for actual salary for the period between 24th February, 1983 till the date of order i.e. 28th January, 1993.