IMPORTANT POINT
The termination of an employee must be based on valid grounds and must follow principles of natural justice, and lack of fraud, misrepresentation, or misconduct on the employee's part can render the termination unsustainable.

ORDER :

1. This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

“It is, therefore, humbly prayed that this writ petition of the Petitioner may kindly be allowed:

(I) By an appropriate writ, order or directions to the respondents, the impugned order dated 10.06.2022 [Annexure-3] terminating the services of the petitioner from the post of Constable (GD) may kindly be quashed and set aside qua the petitioner.

(II) The respondent may kindly be directed to continue the petitioner on the post of Constable (GD) held by him under the respondent with all consequential benefits.

(III) Any other appropriate writ, order or direction, which this Hon’ble Court may deem just and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioner.

(IV) Writ Petition filed by the Petitioner may kindly be allowed with costs.”

2. The instant petition pertains to the impugned action of the respondents, whereby the petitioner has been sought to be terminated from the post of Constable (GD), after he was duly selected and appointed on the said post. On such due selection and appointment, the petitioner accordingly joined his respective post and also completed the requisite training. Thereafter, the proceedings were held to revise the results/selection list at a belated stage and the cut off marks were also revised. The petitioner could not secure the marks within the cut off limit, and now, he has been sought to be ousted from the employment in question.

3. As per the petitioner, there is nothing on record to show that he secured such appointment by any fraud, suppression, and misrepresentation of any material fact, and therefore, the impugned action of the respondents is highly illegal and arbitrary, thus unsustainable in the eye of law.

4. This Hon’ble Court had passed the following interim order on 22.06.2022 in this case:

“Learned counsel for the petitioner has submitted that the petitioner was appointed on the post of Constable pursuant to the Advertisement dated 04.12.2019. The petitioner has already been awarded appointment order and in pursuance to the same, has also been provided training at Kherwara, Udaipur vide order dated 06.01.2022 issued by the office of the Commandant, Police Training School, Kherwara, Udaipur. Learned counsel further submitted that without following principles of natural justice and without affording any opportunity of hearing, the respondents vide order impugned dated 10.06.2022 have removed the petitioner from the service.

Counsel relied upon an interim order passed in an identical matter Alpesh Bariya vs. State of Rajasthan and Others in S.B. Civil Writ Petition No. 8661/2022.

In view the submissions made, issue notice.

Notices need not be issued as Mr. Kailash Choudhary has put in appearance on behalf of all the respondents.

Meanwhile and till next date, effect and operation of the order dated 10.06.2022 (Annex.-3) qua the petitioner shall remain stayed.

However, the respondents would be at liberty to file appropriate application for vacation of interim order, if so advised.

List the matter on 20.07.2022.”

5. At the outset, learned counsel for the petitioner submits that the present matter is covered by the judgment rendered by this Court in the case Neeraj Kumari Meena vs. State of Rajasthan and Others in S.B. Civil Writ Petition No. 8951/2022, decided on 07.12.2023 and other connected matters. The relevant portion of the said order dated 07.12.2023 reads as under:

“5. Heard learned counsel for the parties as well as perused the record of the case alongwith the judgments cited at the Bar.

6. This Court observes that the respondents issued the aforementioned advertisement inviting applications for the posts of Constable (GD) and Constable (Driver). The petitioners are eligible for the said post and the same was applied by them under the respective categories. Thereafter, the respondents conducted the examination for the posts in questi