SABINA, MANOJ KUMAR VYAS
Liladhar Swami – Appellant
Versus
High Court of Judicature for Rajasthan at Jodhpur – Respondent
ORDER :
1. Petitioner has filed the writ petition challenging order dated 02.06.2016, whereby, he was imposed penalty of removal from service.
2. Facts of the case, in brief as stated in the writ petition, are that the petitioner was appointed as Judicial Magistrate with effect from 10.03.2008. Petitioner was placed under suspension vide order dated 24.07.2013. Memorandum dated 17.08.2013 was served on the petitioner by the Enquiry Judge and petitioner submitted his reply to the said Memorandum on 09.11.2013. Enquiry Judge vide report dated 30.01.2016 held that the charge levelled against the petitioner was duly proved. Petitioner submitted representation dated 26.03.2016. Vide order dated 02.06.2016, petitioner was removed from service.
3. Notice was issued to respondents. Respondent No.1 in its reply has submitted that the petitioner had been removed from service after following due process of law.
4. Learned counsel for the petitioner has submitted that Enquiry Judge had no power to proceed against the petitioner. Charge sheet could have issued against the petitioner by the competent authority, but in the present case, it had been issued by Enquiry Judge and not by Disciplinary Auth
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