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GANESH RAM MEENA
Mukesh Kumar Sharma, Son Of Shri Jai Prakash Sharma – Appellant
Versus
State Of Rajasthan, Through Its Principal Secretary, Home Department, Government Of Rajasthan – Respondent
ORDER :
(Ganesh Ram Meena, J.) :
1. This writ petition has been filed by the petitioner with a challenge to the order dated 08.04.2022 issued by the Superintendent of Police, Tonk whereby he was dismissed from service with immediate effect.
2. The facts in brief of the matter are that the petitioner while working as a Constable under the Superintendent of Police, District Tonk was placed under suspension vide order dated 24.10.2021 in exercise of the powers given under Rule 13(1(a) of the Rajasthan Civil Services (classification, Control & Appeal) Rules, 1958 (for short ‘the Rules of 1958’) in view of contemplation of inquiry against him.
Vide order dated 17.02.2022 the petitioner was reinstated in service keeping inquiry proceedings pending against him.
3. A preliminary enquiry was ordered against the petitioner vide order dated 01.12.2021 which was handed over to the Circle Officer, Circle Malpura in view of the allegations of objectionable language used by him.
During the pendency of the preliminary enquiry the Superintendent of Police, District Tonk issued an order dated 08.04.2022 and imposed major penalty of dismissal from service. While passing the order dated 08.04.2022 the s
The court emphasized that dismissal without a proper inquiry violates principles of natural justice and requires valid justification under Rule 19(ii) of the Rules of 1958.
Dismissal of a civil servant without proper inquiry violates constitutional safeguards and is arbitrary; procedural requirements must be strictly followed.
(1) Dismissal from service without conducting departmental inquiry – It is duty of disciplinary authority to record satisfaction how and in what manner holding an enquiry is not reasonably practicabl....
Dismissal from service matter - Rule 23 of Rules of 1991 clearly indicate that provisions of Revision are not mandatory in nature and are clearly at discretion of Officer whose appeal has been reject....
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