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2023 Supreme(Raj) 1312

ANOOP KUMAR DHAND
Hanuman Ram (Deceased) S/o Shri Kishana Ram – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Tanveer Ahamad with Mr. Manish Parihar
For the Respondent: Mr. Udit Sharma with Ms. Kinjal Surana for Mr. Rajesh Maharshi,

ORDER :

1. Invoking the extra ordinary jurisdiction of this Court contained under Article 226 of the Constitution of India, instant petition has been filed by the petitioner with the following prayer:

    “1. The impugned order dated 27.02.2020 (Annex.1) dismissing the petitioner from service may kindly be declared arbitrary and illegal and accordingly be quashed and set aside and further the respondents may kindly be directed to reinstate the services of the petitioner on the post of Head Constable with all consequential benefits, in the interest of justice.

2. Any other appropriate order, which may be found just and proper in the facts and circumstances of the case, be passed in favour of the petitioner.

3. Cost of the writ petition may be awarded in favour of the petitioner.”

Submissions by the petitioner:

2. Learned counsel for the petitioner submits that without following the provisions and without conducting any enquiry under Rule 16/17 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short ‘the Rules of 1958’) the petitioner has been removed from service. Learned counsel for the petitioner submits that for an alleged incident which occurred on 04.

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