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MAHENDAR KUMAR GOYAL
Lava Kumar Sharma – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
1. In the writ petition, the petitioner has assailed the legality and validity of the charge sheet under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 issued to him vide memorandum dated 3.8.2021 by the Joint Director, School Education, Jaipur Division, Jaipur.
2. The petitioner is working as Senior Teacher (Mathematics) since the year 2000 and at present is posted at Government Senior Secondary School, Baberi, Bansur in District Alwar. He has been issued charge sheet under Rule 16 which is under challenge in the writ petition.
3. Learned counsel for the petitioner submitted that the allegations levelled in the charge sheet do not constitute misconduct under Rule 3, 4 or 11 of the Rajasthan Civil Services (Conduct) Rules, 1971. Learned counsel submitted that the allegations in the charge sheet against him is of circulating certain messages on whatsapp/facebook which is hit by his fundamental right of speech and expression enshrined under Article 19(1)(a) of the Constitution of India. He contended that his status of Government servant can, in no way, impinge upon his right of speech and expression. Lastly, learned counsel submitted th
Government servants' conduct is regulated by specific rules, and actions outside official duties can still constitute misconduct if they undermine integrity or reflect poorly on their position.
Disciplinary authorities must issue reasoned orders and apply due process to ensure adherence to the principles of natural justice, safeguarding employees against arbitrary judgments.
Charges in disciplinary proceedings must be specific and fair, adhering to natural justice principles.
Disciplinary action can be taken against officers for misconduct reflecting on integrity, regardless of their judicial functions, and the correctness of charges cannot be examined in writ jurisdictio....
Disciplinary actions based on complaints must show proper inquiry and application of mind; arbitrary charge-sheets are liable to be quashed.
Neighborhood disputes, especially involving family members, do not constitute official misconduct, and disciplinary proceedings initiated on such grounds without substantial evidence violate principl....
Charge-sheets can be valid if issued on the retirement date, even if served afterward; mere issuance does not impede a candidate's rights until an adverse order is made.
Point of Law : Service Law - Punishment of Compulsory Retirement - Illegal gratification - An order passed imposing a punishment on an employee consequent upon a disciplinary/departmental enquiry in ....
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