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ASHOK KUMAR GAUR
Hemraj S/o Shri Bhagwana Ram – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
The instant writ petition has been filed by the petitioner challenging the order of punishment of censure dated 26.07.2014,the order dated 05.06.2015 passed by the Appellate Authority rejecting Departmental Appeal of the petitioner and the order dated 27.09.2016 passed by the Reviewing Authority.
2. The facts, in the nutshell, as pleaded in the writ petition are that the petitioner was posted as Sub-Inspector at Police-Chowki Shastri Nagar, Bhilwara in the year 2011.
3. The petitioner was in receipt of a charge-sheet/memo issued to him under Rule 17 of the Rajasthan Civil Services(Classification, Control and Appeal) Rules, 1958 (hereinafter readas ‘the CCA Rules, 1958’), wherein three charges were levelled against him. The charges levelled against the petitioner are quoted hereunder:-
^^vkjksi la[;k 1 %& ifjoknh Jh lwjt ukjk;.k vks>k iq= Jh ca'kh yky vks>k fuoklh dkok dk [ksM+k Fkkuk dksrokyh HkhyokM+k ds ?kj esa fnukad 23-08-2011 dh jkf= dks pksjh gksus dh lwpuk Fkkukf/kdkjh dksrokyh HkhyokM+k }kjk fnukad 24-08-2011 dks lqcg vkidks nh xbZA bl lwpuk ij vki ?kVuk LFky ij x;s] fujh{k.k ?kVuk LFky fd;kA ifjoknh }kjk vkidks ekSds ij ?kVuk dh fjiksVZ is'k dh xbZ rks vkius fjiksVZ
Point of Law : There is a specific allegation against the co-delinquent that complainant had met such delinquent in Police Station and delinquent employee did not give FIR number in report which he h....
Disciplinary authorities must issue reasoned orders and apply due process to ensure adherence to the principles of natural justice, safeguarding employees against arbitrary judgments.
The judgment underscores the importance of procedural fairness and adherence to natural justice in disciplinary proceedings, particularly when imposing severe penalties.
The disciplinary authority has the discretion to impose appropriate punishment as per the rules, and the court's role in judicial review is to ensure fair treatment, not to reappreciate the evidence.....
Disciplinary proceedings require clear evidence of misconduct, and courts will not interfere unless strict procedural contraventions are present.
: Service – Punishment - once the charges levelled against the delinquent employee are proved then it is for the appointing authority to decide as to what punishment should be imposed on the delinque....
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