RAJASTHAN HIGH COURT AT JAIPUR BENCH
Veerendr Singh Siradhana, J.
Mam Raj Sharma - Appellant
Versus
State of Rajasthan and Ors. - Respondent
S.B. Civil Writ Petition No. 3392 of 1999.
Decided On : 30-09-2014
CO-OPERATIVE SOCIETY - SERVICE - DISMISSAL - VALIDITY - ENQUIRY - CONDUCT - FINDINGS - JUDICIAL REVIEW - SCOPE - PUNISHMENT - PROPORTIONALITY - ADMINISTRATIVE ACTION - JUDICIAL SCRUTINY - CRITERIA.
Fact of the Case:
The petitioner, a Manager of a Co-operative Society, was dismissed from service for proved misconduct, including financial irregularities, embezzlement, and absence from headquarters without information. He challenged the dismissal order, arguing that the enquiry was not proper, the charges were not proved, and the penalty was disproportionate.
Finding of the Court:
The court found that the enquiry was conducted in accordance with the prescribed procedure, the petitioner was afforded ample opportunity to defend himself, and the charges were proved on the basis of evidence and materials available on record. The court also held that the penalty of dismissal was not disproportionate, considering the nature of the misconduct committed by the petitioner.
Issues: 1. Whether the enquiry conducted against the petitioner was proper and in accordance with the prescribed procedure? 2. Whether the charges leveled against the petitioner were proved on the basis of evidence and materials available on record? 3. Whether the penalty of dismissal imposed on the petitioner was disproportionate, having regard to the nature of the misconduct committed by him?
Ratio Decidendi: 1. The court held that the enquiry was conducted in accordance with the prescribed procedure under the Rules of 1977, and the petitioner was afforded ample opportunity to defend himself. The court also noted that the findings arrived at by the enquiry officer were concurred by the Disciplinary Authority and the Appellate Authority. 2. The court held that the charges leveled against the petitioner were proved on the basis of evidence and materials available on record. The court noted that the petitioner was found guilty of financial irregularities, embezzlement, and absence from headquarters without information to the competent authority. 3. The court held that the penalty of dismissal imposed on the petitioner was not disproportionate, having regard to the nature of the misconduct committed by him. The court noted that the petitioner was found guilty of gross and proved misconduct, and that the penalty imposed was in accordance with the Rules of 1977.
Final Decision: The court dismissed the writ petition, holding that the action of the respondents in terminating the services of the petitioner for the proved charges of gross misconduct was not illegal.
(i) by an appropriate order writ or direction the punishment order dated 28.7.1987, Annexure-5, judgment dated 8.1.1990 Annexure-6 and judgment dated 14.9.1998 Annexure-7 may be quashed and set aside.
(ii) by an appropriate writ order or direction the respondents may be directed to reinstate the petitioner in service right from 26.9.1982 with all consequential benefits.
(iii) by an appropriate writ order or direction an exemplary cost of Rs. 50,000/- may be imposed on the respondents.
(iv) Any other order which may be deemed fit and proper in the facts of the case may be also be passed in favour of the petitioner.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.