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2002 Supreme(Raj) 1902

RAJASTHAN HIGH COURT
Sunil Kumar Garg, J.
Jagdish Prasad - Appellant
Versus
State of Rajasthan - Respondent
S.B. Civil Writ Petition No. 2272 of 2001.
Decided On : 15-11-2002

Advocates:
For the Petitioner:Mr. R.S. Choudhary, Advocate.
For the Respondent No. 6:Mr. Mridul Jain, Advocate.
For the Respondent Nos. 1 to 4:Mr. L.R. Choudhary, Advocate.

Headnote:

Constitution of India, Articles 14 and 16 - Delinquent employee was removed from service on the basis of complaint – first enquiry was conducted –but in second enquiry the complaint was found to be false and baseless – Held removal order cannot be sustained.

Constitution of India, Articles 14 and 16 - The petitioner was not given any opportunity of hearing – there has been violation of principles of natural justice – Order is in contravention of Articles 14 and 16 of Constitution Of India – Held not sustainable.

JUDGMENT

1. - This writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 8.6.2001 against the respondents with the prayer that by an appropriate writ, order or direction, the impugned order dated 31.5.2001 (Annex.4) passed by the Sarpanch, Gram Panchayat Ninan (respondent No. 4) by which the petitioner was removed from service, be quashed and set aside and the petitioner be reinstated in service.

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

The petitioner is by caste a member of scheduled caste category and is resident of Ward No. 5 of village Ninan District Hanumangarh.

3. The Government of Rajasthan floated a scheme for appointing Shiksha Sahayogi in the newly introduced Rajiv Gandhi Swaran Jayanti Schools under the Panchayati Raj Department and formulated a Scheme to that effect in the month of April, 1999. In pursuance of that, the respondent No. 4 Gram Panchayat Ninan also resolved to open a school under the said Scheme in Ward No. 5 and appointed the petitioner as Shiksha Sahayogi vide order dated 1.7.1999, a copy of which is marked as Annex.1. The petitioner joined his duties under the Gram Panchayat Ninan on 1.7.1999 and started the school forthwith.The further case of the petitioner is that his appointment was made in pursuance of the Resolution dated 26.9.1999 passed by the Gram Panchayat Ninan. There was one more person Ramjas, who always used to mount pressure upon the respondents to appoint him on the post of Shiksha Sahayogi.The further case of the petitioner is that since his appointment he was discharging his duties to the utmost satisfaction of the superior officers of the Panchayati Raj Department. Since there was a group against the petitioner, therefore, a complaint was got lodged by the villagers totally on baseless and false grounds against the petitioner before the Vikas Adhikari, Panchayat Samiti Bhadra, a copy of which is marked as Annex.2.On the basis of the said complaint Annex. 2, the Gram Panchayat Ninan held a meeting on 5.2.2001 in which a resolution was passed against the petitioner and copy of that resolution is marked as Annex.3.On the basis of the complaint Annex. 2 and resolution of the Panchayat Samiti Ninan dated 5.2.2001 Annex.3, the respondent No. 3 Panchayat Samiti, Bhadra enquired the matter through the Education Extension Officer of the Panchayat Samiti on 13.2.2001 and on enquiry, nothing was found against the petitioner. However, the group, which was against the petitioner pressurised the respondents and, therefore, Enquiry Officer prepared the report against the petitioner under the pressure of Pradhan and Sarpanch to remove the petitioner from service and in pursuance of that report, the impugned order Annex.4 was passed by the respondent No. 4 Sarpanch, Gram Panchayat Ninan on 31.5.2001 by which the petitioner was removed from service. The said order Annex. 4 dated 31.5.2001 has been challenged by the petitioner in this writ petition on various grounds.The further case of the petitioner is that when the impugned order Annex.4 dated 31.5.2001 was served upon him, he asked the respondents how he was removed from service, but no satisfactory answer was given by them and it was said by the respondents that charge-sheet was served on him on 9.5.2001, but the case of the petitioner is that he was on leave for the period from 3.5.2001 to 13.5.2001 and receipt of the leave application is marked as Annex.5 which is dated 8.5.2001.The further case of the petitioner is that he requested the respondents to give him copy of the charge-sheet and enquiry report, but the same were not given to him. Thereafter, the petitioner approached the respondent No. 2 Collector, Hanumangarh to get the enquiry done from independent and honest officer on the complaint filed against him. A copy of the representation addressed to the respondent No. 2 Collector is marked as Annex.6.The further case of the petitioner is that the















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