Jaipur: Rajasthan High Court has mentioned in a case associated to the termination of service of a CRPF worker that if the investigating officer performs the position of a lawyer, then all the departmental investigation will get contaminated. Along with this, the courtroom has cancelled the order of March 16, 2002 associated to the termination of service of the petitioner and has requested to take a choice within the case once more in 6 months. Justice Anoop Dhand gave this order on the petition of Mahendra Singh.
The courtroom mentioned that the investigating officer within the case acted as a lawyer and requested many inquiries to the witnesses and the investigation was carried out on that foundation. In such a scenario, the allegations towards the petitioner had been proved and he was faraway from service. Whereas the Supreme Court has determined that the investigating officer will stay neutral and won’t play the position of a lawyer. It was mentioned within the petition that he was working in CRPF.
Read: Jaisalmer Collector’s order cancelled, order to allot occupied land to the petitioner
It was mentioned within the petition that an investigation was began towards him by appointing an investigation officer. During this, the investigation officer requested a number of inquiries to the witnesses and gave his investigation report. Due to which he was faraway from service on March 16, 2002. Whereas the Supreme Court has already determined that the departmental investigation officer have to be neutral. Therefore, this order must be canceled. Hearing on which, the courtroom has canceled the 22-year-old order and requested for a contemporary resolution in 6 months.
Read: High courtroom cancels switch order in police division, massive reduction to 195 petitioners
Refusal to take away courtroom’s feedback: The Rajasthan High Court has refused to take away the feedback made by the decrease courtroom towards the investigating officer ASI in a felony case. The courtroom mentioned that the decrease courtroom has fulfilled the prescribed standards earlier than making feedback within the case. Justice Sameer Jain gave this order whereas dismissing the petition filed by ASI on this regard. The courtroom mentioned that the Supreme Court has set three parameters for the courtroom to touch upon anybody. Under this, the decrease courtroom has to see whether or not the involved individual will get a possibility to defend himself, proof associated to the conduct of the involved individual is current and there’s a must touch upon the conduct. The decrease courtroom has fulfilled all these three parameters within the case.
Read: Rajasthan Civil Services Appellate Tribunal: The order of relieving from obligation citing surplus was cancelled
Had to offer the good thing about the doubt: At the identical time, the courtroom admitted that the negligent investigation carried out by the investigating officer immediately affected the case earlier than the trial courtroom and the courtroom was pressured to acquit the accused on the premise of good thing about doubt. According to the case, the petitioner ASI was appointed because the investigating officer within the FIR registered within the case of felony trespass. After the cost sheet was introduced within the case, the trial went on within the decrease courtroom. Later, the courtroom gave the good thing about doubt to the accused and made feedback towards the investigating officer. A petition was filed within the High Court on behalf of the ASI to take away these feedback. Which was rejected by the courtroom.
