Back
2018 Supreme(Raj) 1319
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHOK KUMAR GAUR, J.
Mukesh Joshi Son of Shri Lalaram Joshi & Ors. - Petitioner
Versus
State of Rajasthan & Ors. - Respondents
S.B. Civil Writ Petition No. 15940 of 2017
Decided On : 23-01-2018
For the Petitioners: Mr. Manoj Bhardwaj Adv.
For the Respondents: Dr. A.S. Khangarot AGC.
Headnote:
Constitution of India, 1950 – Article 226 – The Rajasthan Civil Services (Conduct) Rules, 1971 – Rule 23 – Challenging Charge sheet – Petitioner found guilty after holding a regular enquiry and penalty of removal from service was imposed upon him by Additional Director General of Police – Appellate Authority decided appeal of petitioner but while maintaining order passed by Disciplinary Authority substituted penalty of removal from service to compulsory retirement on proportionate pension – Held, Court finds that right to defend in Department Enquiry is available to petitioner and at this stage it cannot be said that any prejudice has been caused to petitioner – Rule 7 of Rules of 1996 provides that departmental proceeding if instituted while Government Servant was in service, before his retirement or, after final retirement of Government Servant, there will be deemed continuation of proceedings under Rule and shall be continued and concluded by Authority by which they were commenced in same manner as if Government servant had continued in service – Petitioner has already been visited with penalty of compulsory retirement on proportionate pension and as such petitioner is required to proceeded by virtue of power given under Rule 7 of CCA Rules of Pension Rules, 1996 – Court finds that orders passed by authorities do not suffer from any illegality – There is no force in present writ petition – Writ petition dismissed. (Para 60, 61 and 62)
Facts of the Case:
Present writ petition has been filed by the petitioner challenging the charge-sheet wherein four charges have been leveled against the petitioner for committing misconduct under ‘The Rajasthan Civil Services (Conduct) Rules, 1971’.
Findings of the Case:
Court finds that right to defend in Department Enquiry is available to petitioner and at this stage it cannot be said that any prejudice has been caused to petitioner – Rule 7 of Rules of 1996 provides that departmental proceeding if instituted while Government Servant was in service, before his retirement or, after final retirement of Government Servant, there will be deemed continuation of proceedings under Rule and shall be continued and concluded by Authority by which they were commenced in same manner as if Government servant had continued in service – Petitioner has already been visited with penalty of compulsory retirement on proportionate pension and as such petitioner is required to proceeded by virtue of power given under Rule 7 of CCA Rules of Pension Rules, 1996 – Court finds that orders passed by authorities do not suffer from any illegality – There is no force in present writ petition
Result: Writ petition dismissed
1. The present writ petition has been filed by the petitioner challenging the charge-sheet dt. 29th May, 2016 (Annex. 3) wherein four charges have been leveled against the petitioner for committing misconduct under ‘The Rajasthan Civil Services (Conduct) Rules, 1971’.
2. The petitioner has challenged the order dt. 27th July, 2017, passed by Director General of Police & issued by the Inspector General of Police (Vigilance) Police Headquarters, Rajasthan, Jaipur, who exercised power under Rule 32 of CCA Rules, 1958 setting aside order dt. 27th February, 2017 of Additional Director General of Police cum IGP Jaipur Range, Jaipur and has further challenged the order dt. 23rd August, 2017 passed by Additional Director General of Police cum Inspector General of Police, Jaipur Range, Jaipur wherein he has revived the department enquiry against the petitioner under Rule 16 of CCA Rules 1958 as initiated by charge-sheet dt. 12th May, 2016.
3. The petitioner has further prayed that State Government-respondents be restrained to initiate or to continue any Departmental proceeding against the petitioner under the Charge-sheet dt. 29th May, 2016.
4. Brief facts of the case are that petitioner was working as Sub-Inspector in Rajasthan Police and he was issued a charge-sheet dt. 29th September, 2015, wherein 9 charges were leveled against him in respect of conducting investigation in a criminal case registered at Police Station, Malakheda, District, Alwar.
5. The petitioner was found guilty after holding a regular enquiry and penalty of removal from service was imposed upon him by the Additional Director General of Police, Jaipur Range Jaipur vide order dt. 22nd April, 2017. The petitioner had filed an appeal under Rule 23 of the CCA Rules, 1958, (hereinafter called as ‘the Rules of 1958’). The Appellate Authority decided the appeal of the petitioner vide order dt. 11th July, 2017, but while maintaining the order passed by the Disciplinary Authority substituted the penalty of removal from service to compulsory retirement on proportionate pension.
6. The petitioner was issued another charge-sheet dt. 29th May, 2016, wherein following four charges were leveled against him., which is reproduced as hereunder:-
^^vkjksi la[;k 1 & ;g fd vki }kjk HkxoS;k dksey 'kekZ dh ryk'k gsrq Lo;a us tkdj gSM+ dkfuŒ o dkfuŒ dks Hkstk tkdj ykijokgh dk ifjp; fn;kA vkidk mDr vkpj.k jktLFkku flfoy lsok,sa ¼vkpj.k½ fu;e 1971 ds fu;e 3&1 ¼2½ ds rgr vopkj ¼felduMsDV½ gSA
vkjksi la[;k 2 & ;g fd vki }kjk mijksDr Vhe dks fu;ekuqlkj ljdkjh [kpsZ ij u Hkstdj eqLrxhl ds [kpsZ ij Hkstk ftlls eqLrxhl dks vkfFkZd gkfu dkfjr gqbZA vkidj mDr vkpj.k jktLFkku flfoy lsok,sa ¼vkpj.k½ fu;e 1971 ds fu;e 3¼2½ ¼1½ ds rgr vopkj ¼felduMsDV½ gSA
vkjksi la[;k 3 & ;g fd vki }kjk iqfyl Vhe dks eqLrxhl ds [kpsZ ij Hksts tkus ls eqLrxhl i{k dks f'kdk;r dk ekSdk feyk o foHkkx dh Nfo /kwfey gqbZA vkidk mDr vkpj.k jktLFkku flfoy lsok,sa ¼vkpj.k½ fu;e 1971 ds fu;e 3¼2½ ¼1½ ds rgr vopkj ¼felduMsDV½ gSA
vkjksi la[;k 4 & ;g fd vki }kjk crkSj vuqla/kku vf/kdkjh vkius HkxoS;k o vkjksih vt; 'kekZ dh ryk'k gsrq fd;s x;s Á;klksa ds laca/kh esa vuqla/kku laca/kh nLrkostksa dk lgh la/kkj.k ugha fd;kA vkidk mDr vkpj.k jktLFkku flfoy lsok,sa ¼vkpj.k½ fu;e 1971 ds fu;e 3¼2½ ¼1½ ds rgr vopkj ¼felduMsDV½ gSA**
7. The Charge-sheet was with respect to the investigation carried out by the petitioner in a Criminal Case No. 352/2014 Registered at Police Station Shahjahapur, District Alwar under Sections 363, 366A & 120B IPC. It was observed by the Disciplinary Authority that the petitioner while conducting the investigation, was careless and negligent and as such by not discharging his duties, he is said to have committed misconduct, which was in violation of Rajasthan Civil Services (Conduct) Rules, 1971.
8. The petitioner after receipt of charge-sheet submitted his reply to the Disciplinary Authority on 7th December, 2016. The Disciplinary Authority vide order dt. 27th February, 2017, decided to drop the proceeding ini
