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Bhinya Ram S/o Shri Uma Ram – Appellant
Versus
State Of Rajasthan, Through Secretary, Department Of Home – Respondent
ORDER :
1. These writ petitions have been filed by the petitioners aggrieved against the orders dated 1/3/2021 passed by Superintendent of Police, Pali, District – Pali, whereby, exercising power under Rule 19 (ii) of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (‘the Rules, 1958’) while dispensing with the procedure prescribed under Rules 16, 17 & 18 of the Rules, 1958, petitioners have been dismissed from service. Further, the appeal filed by the petitioner Amloo Ram under Rule 23 of the Rules, 1958 has also been rejected by the Inspector General of Police, Jodhpur Range, Jodhpur by order dated 12/10/2021.
2. The petitioners, who were working on the post of Constable, were issued notices for preliminary inquiry indicating that they were having contact with Jagdish @ Jambaram Devasi through Whatsapp calling & chat and the said contact is against the discipline of police force and on the basis of said allegation, explanation were sought from the petitioners. The petitioners responded to the same.
3. The additional Superintendent of Police, Bali submitted a preliminary inquiry report to the Superintendent of Police, Pali on 1/3/2021 and the Superintendent
The judgment emphasizes the requirement of concrete and appropriate reasons for dispensing with an inquiry before dismissing a government servant, as mandated by Rule 19(ii) of the Rajasthan Civil Se....
Dismissal of a civil servant without proper inquiry violates constitutional safeguards and is arbitrary; procedural requirements must be strictly followed.
The court emphasized that dismissal without a proper inquiry violates principles of natural justice and requires valid justification under Rule 19(ii) of the Rules of 1958.
Dismissal from service matter - Rule 23 of Rules of 1991 clearly indicate that provisions of Revision are not mandatory in nature and are clearly at discretion of Officer whose appeal has been reject....
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