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2021 Supreme(Raj) 1418

MAHENDAR KUMAR GOYAL
Ramesh Chand Sharma – Appellant
Versus
State of Rajasthan – Respondent


Advocates appeared:
Mr. Anil Kumar Sharma, Advocate, for the Petitioner

JUDGMENT

1. By way of this writ petition, the petitioner has assailed the legality and validity of the charge-sheet issued to him under Rule 16 of the Rajasthan Civil Services (Classification Control & Appeal) Rules, 1958 (for brevity, "the Rules of 1958") vide memorandum dated 02.09.2021.

2. The facts in brief are that an FIR No.383/2019 dated 19.12.2019 came to be registered against the petitioner, a Head Constable, under the provisions of Prevention of Corruption Act, 1988. Vide memo dated 02.09.2021, the petitioner has been served upon with the charge-sheet under Rule 16 of the Rules of 1958 containing seven charges against him, which is under challenge.

3. Learned counsel for the petitioner contended that since the FIR as well as charge-sheet under Rule 16 of the Rules of 1958 are based on same set of facts, the charge-sheet deserves to be quashed and set aside. Drawing attention of this Court towards the contents of FIR and the charge-sheet especially, charge No.6, learned counsel submitted that the same are based on same set of facts and hence, the writ petition be allowed and the charge-sheet be quashed. He relied upon some interim orders of this Court in cases of Satyanarayan

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