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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Dinesh Mehta, J
Suresh Kumar – Appellant
Versus
State of Rajasthan – Respondent
Order :
1. By way of present batch of writ petitions, the petitioners have challenged the order dated 24.11.2021, whereby petitioners have been dismissed from services by invoking Rule 19 (ii) of the Rajasthan Civil Services (Classification, Control and Appeal) Rules , 1958 (hereinafter referred to as ‘the Rules of 1958’).
2. Mr. Jayram Saran, learned counsel for the petitioners submitted that by order dated 15.11.2021, the petitioners were placed under suspension followed by the order impugned dated 24.11.2021, whereby they were dismissed from service.
3. He argued that the respondent no. 4 has proceeded in undue haste and has dismissed the petitioners from services regardless of the fact that the conditions mentioned in Rule 19(ii) of the Rules of 1958 were totally absent.
4. Learned counsel argued that the reason given by the respondents while dismissing the petitioners from services that if the petitioners are not removed, it would encourage such acts and would leave adverse impact on the discipline of the police force, are not relevant and meets the requirement of Rule 19(ii) of the Rules of 1958.
5. He argued that the allegations, which were levelled against the petitioners were r
Dismissal of employees without a proper inquiry is contrary to established rules, emphasizing the need for adherence to procedural safeguards in disciplinary actions.
The disciplinary authority must provide valid reasons for invoking immediate dismissal under rule 19(ii) of the Rules of 1958, and cannot bypass the inquiry process without justification.
Dismissal of employees without a proper disciplinary enquiry is unsustainable unless justified with recorded reasons, as mandated by Rule 19 of the Rajasthan Civil Services Rules.
Dismissal of a civil servant without proper inquiry violates constitutional safeguards and is arbitrary; procedural requirements must be strictly followed.
The judgment emphasizes the requirement of concrete and appropriate reasons for dispensing with an inquiry before dismissing a government servant, as mandated by Rule 19(ii) of the Rajasthan Civil Se....
Suspension should be periodically reviewed and should not be used as a punitive tool.
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