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1957 Supreme(Raj) 69

DAVE, MODI
KANHAIYALAL – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates Appeared:
Chandmal, KANSINGH

Judgement Key Points

Key Points: - The judgment holds that a civil servant is entitled to a reasonable opportunity to defend himself, including two stages of opportunity under Article 311(2) and Rule 16 adherence (!) (!) (!) (!) (!) . - The court finds that recording of entire oral evidence in the presence of the petitioner and strict compliance with Rule 16 of the Rajasthan Civil Services Rules is mandatory; merely cross-examining witnesses is insufficient when evidence was recorded in the absence (!) (!) (!) . - The order of removal was set aside due to procedural defects; the State is directed to return money (Rs. 205) collected from the petitioner if the removal stands reversed, indicating relief for the petitioner and the conditional return of funds (!) (!) (!) .

What is the requirement for a reasonable opportunity to be heard under Article 311(2) of the Constitution in the context of Rajasthan Civil Services Rules?

What is the appellate court's stance on whether the enquiry proceedings must record oral evidence in the presence of the charged person and follow Rule 16 requirements?

What are the consequences for the State if a removal order is set aside due to non-compliance with procedural rules and the charged money previously recovered must be returned?


Judgment


DAVE J.

( 1 ) THIS is an application by Kanhaiyalal under Article 226 of the Constitution of india.

( 2 ) IT would be proper first to set out those facts which are not in dispute between the parties and they are as follows:-The petitioner was appointed as a clerk-cum-cashier in Tehsil vallabhnagar, district Udaipur on 18th of February 1944. He was transferred to Tehsil Doongla as cashier on 12th April 1949 and later promoted to the post of accountant sometime in 1951. On 2nd April 1951, one Deepchand of Doongla filed a complaint against the petitioner before the Tehsildar Dcongla alleging that the petitioner had received from him, Rs. 204/12/-- in December 1949 or January 1950. This amount was given towards the payment oft "toji" which was a kind of lagan, but the petitioner, instead of depositing it in the treasury, kept it with himself and gave no receipt for that amount to the complainant. On receiving this complaint the Tehsildar Vallabhnagar made an enquiry and then submitted a report (Ex. 1) to the Subdivisional Officer, Nimbahera on 16th of June 1951 saying that he was not satisfied with the correctness of the complaint and suggested that it would be proper for the

























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