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2022 Supreme(Raj) 189

MAHENDRA KUMAR GOYAL
Sanjay Singh S/o Shri Omveer Singh – Appellant
Versus
State of Rajasthan through Principal Secretary, Home Department – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sandeep Saxena, Advocate.

JUDGMENT :

Mahendra Kumar Goyal, J.

1. This writ petition is filed for quashing the proceedings pursuant to the letter dated 06.12.2021 as also the charge-sheet dated 24.03.2020 with further prayer to restrain the respondents from initiating any enquiry against the petitioner pursuant to the charge-sheet dated 24.03.2020.

2. The facts in brief, as emerge from the writ petition, are that when the petitioner was posted as Constable in CID (I.B.) in Bharatpur Zone, a criminal case was registered against him under Section 7 of the Prevention of Corruption (Amendment) Act, 2018 and Section 384 IPC. After conducting a preliminary enquiry, he was served upon with a charge-sheet dated 24.03.2020 under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for brevity "the Rules of 1958") containing two charges. The Enquiry officer after conducting the enquiry, vide report dated 15.11.2021 found both the charges to be proved. Vide letter dated 06.12.2021, the petitioner was supplied with a copy of the enquiry report and was requested to submit his written explanation, if any, within fifteen days.

3. Learned counsel for the petitioner contended that since the c

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