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2023 Supreme(Raj) 558

ASHOK KUMAR GAUR, ASHUTOSH KUMAR
Seema Jain D/o Dhan Kumar Jain – Appellant
Versus
Rajasthan High Court through its Registrar (General) – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Ashwinee Kumar Jaiman, Hardik Singh.
For the Respondents: N.K. Maloo, Abhilasha Vaishnav.

ORDER :

1. The instant writ petition has been filed by the petitioner challenging the order dated 02.06.2016 removing the petitioner from service by way of penalty. The petitioner also challenges the memorandum-charge-sheet dated 05.07.2012 issued to her and relief of reinstatement in service with all consequential benefits, is claimed.

2. The brief facts of the case, as pleaded in the writ petition, are as under:

    2.1 The petitioner who was working as an Additional District and Sessions Judge, was in receipt of memorandum dated 05.07.2012 served under Rule 16 of the Rajasthan Civil Service (Classification, Control & Appeal) Rules, 1958 (hereafter ‘the CCA Rules’). The memorandum was issued by the Enquiry Officer.

2.2 The petitioner has pleaded that statement of charges under Rule 16 of the CCA Rules along-with statement of allegations primarily levelled the following allegations against the petitioner:

(I) The petitioner disposed of Motor Accident claim petitions arbitrarily by granting much higher compensation where the injured had suffered lesser permanent disability.

(II) The petitioner arbitrarily awarded comparatively lesser amount of compensation, where the injured had suffered per

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