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DINESH MEHTA
Puna Ram Khurkhuriya – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. By way of the present writ petition, the petitioner has challenged the order dated 21.09.2020 whereby he has been dismissed from the services by invoking powers under Rule 19 of The Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (hereinafter referred to as 'Rules of 1958').
2. The facts narrated briefly are that the petitioner was appointed as Teacher Gr.II on 01.07.1995, whereafter he was promoted as Lecturer (Hindi). During the course of his employment an FIR for offences under Section 34 1, 323, 325/34 of INDIAN PENAL CODE being FIR No. 312/2008 came to be registered against him on 29.12.2008.
3. On 14.07.2020, a disciplinary inquiry was initiated against the petitioner essentially for the reason that the petitioner had not disclosed the factum of registration of the FIR and pendency of criminal case against him. A memorandum of charges framing two charges was served on the petitioner.
4. The petitioner filed a reply to the disciplinary proceedings and submitted that he has neither concealed any fact nor had he made misrepresentation.
5. Before the disciplinary proceedings could advance, the petitioner has been dismissed from the services vide orde
The disciplinary authority must evaluate circumstances before imposing penalties on government servants convicted in criminal cases, ensuring adherence to principles of natural justice and proportion....
A disciplinary authority must assess an employee's conduct in light of a criminal conviction before imposing dismissal, considering moral turpitude and overall service record.
Dismissal based solely on conviction is invalid without consideration of conduct; procedural safeguards must be observed, including issuing a show-cause notice.
Dismissal of employees without a proper inquiry is contrary to established rules, emphasizing the need for adherence to procedural safeguards in disciplinary actions.
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