A charge-sheet cannot be quashed at the threshold; the merits must be addressed through the disciplinary process.

ORDER

1. This writ petition has been filed for quashing the charge-sheet dated 06.09.2021 issued to the petitioner under Rule 16 of the Rajasthan Civil Service (Classification Control & Appeal) Rules, 1958 (for brevity, "the Rules of 1958").

2. The facts in brief are that the petitioner, an ex-service man, was initially selected and appointed as Teacher Grade III in the year 2019. Thereafter, he was selected and appointed as Senior Teacher Grade II in the year 2020. While working as Senior Teacher (Grade II), vide momo dated 06.09.2021, the petitioner has been served upon with the charge-sheet under Rule 16 of the Rules of 1958 which is under challenge in the writ petition.

3. Learned counsel for the petitioner contended that the allegation against him in the charge-sheet that while working as Teacher, he submitted a fake degree when called for document verification for obtaining appointment as School Lecturer, is factually incorrect and as a matter of fact, he has applied for appointment on the post of School Lecturer prior to his appointment as Teacher Grade III. He submitted that since the misconduct, if any, was committed prior to coming into service, the charge-sheet is not sustainable. Learned counsel submitted that neither he has taken any advantage of the degree nor, he has challenged the rejection of his candidature for appointment as School Lecturer and hence, he could not have been charge-sheeted. He, therefore, prayed that the writ petition be allowed and the charge-sheet be quashed.

4. Heard learned counsel for the petitioner and perused the record.

5. After taking voluntary retirement from the Army, the petitioner applied for appointment on various posts including School Lecturer. As per the charge-sheet, the post graduation degree allegedly obtained by the petitioner from Global Open University, Nagaland, sought to be used by him for obtaining appointment as School Lecturer, has been found to be fake on verification. True that the petitioner has applied for appointment as School Lecturer even prior to his appointment as Teacher Grade III; but, indisputably, he appeared in the written examination for appointment on the post of School Lecturer in January 2020 and submitted the post graduation degree obtained from Global Open University, Nagaland at the time of document verification in pursuance of provisional select list dated 27.08.2020, which was found to be fake on verification. Thus, the petitioner has used the fake degree seeking appointment on the post of School Lecturer while already employed as Teacher. This fact stands fortified from a perusal of the online application form dated 20.06.2018 submitted by the petitioner seeking appointment as School Lecturer wherein, it has been shown that he was yet to appear/result was awaited for post graduation degree. In these circumstances, contention of the learned counsel that no charge-sheet could have been issued to him for the misconduct, if any, committed prior to coming into service, cannot be countenanced and is rejected.

6. Submission of the learned counsel that since he has not taken advantage of the degree or he has not assailed the rejection of his candidature for appointment on the post of School Lecturer on account that his post graduation degree was found to be fake, no charge-sheet could have been issued, does not merit acceptance in view of the allegation against him that he tried to obtain appointment using a fake degree. He might not have remained successful in getting appointment; but, admittedly, he made an attempt to secure the same using a forged degree.

7. Although, at this stage when the petitioner is yet to submit his reply to the charge-sheet, this Court is not concerned with justifiability of the allegation in the charge-sheet but, there is not a whisper of averment in the entire writ petition that his post graduation degree was genuine and the allegation of it being fake, is false.

8. Even otherwise also, it is settled legal proposition that a cha