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KULDEEP MATHUR
Ganesh Kumar Vijaywargiya S/o Shri Jagdish Chandra Vijaywargiya – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
1. The petitioner, who was working as an Inspector Land Records was served with a charge-sheet dated 17.09.2018 under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter as “CCA Rules, 1958”) by the Disciplinary Authority i.e. Respondent No. 3 (hereinafter referred to as Disciplinary Authority). The charge sheet has been reproduced hereinbelow:
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| Øekad% ,Q&9@1¼ch½23@tkap@Hkw-v-@18@7961 | fnukad% 17-09-2018 | |
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| Jh x.ks'k dqekj fot;oxÊ; rRdkyhu Hkw vfHkys[k fujh{kd vksx.kk rglhy >kMksy gky Hkw vfHkys[k fujh{kd dw.k rglhy ylkfM;k ftyk mn;iqj ds fo#) jktLFkku flfoy lsok,sa ¼oxÊdj.k] fu;a=.k ,oa vihy½ fu;ekoyh 1958 ds fu;e 16 ds rgr vkjksi i=& vkjksi la[;k 1 ;g fd vki Jh x.ks'kdqekj fot;oxÊ;] Hkw vfHkys[k fujh{kd vksx.kk rglhy >kMksy ds in ij dk;Zjr jgrs gq, fnukad 06-03-2017 ls 19-03-2017 rd fpfdRlk vodk'k esa jgus dk çkFkZuk i= çLrqr dj fnukad 20-03-2017 dks rglhy dk;kZy; >kMksy esa mifLFkfr nhA rnqijkUr fnukad 21-03-2 | |||
Disciplinary proceedings must adhere to principles of natural justice, ensuring fair enquiry and opportunity for the accused to present their case.
Rule 56 of SFCI Employee (Conduct, Discipline & Appeal) Rules, there is no provision for filing of Review Appeal by an employee.
Disciplinary authorities must adhere to procedural fairness, including providing defense opportunities, failure of which can breach principles of natural justice, but penalties imposed for gross indi....
Lack of cooperation and failure to provide justification for non-participation in disciplinary proceedings can lead to the court upholding the penalty of removal from service.
The court upheld the disciplinary authority's decision, affirming that the absence was willful and the disciplinary process was properly followed, emphasizing the limited scope of judicial review.
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