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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Dinesh Mehta, J
Dinesh Kumar Meena – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. dismissed from service (Para 1 , 2 , 3) |
| 2. illegally invoked rule 19 (Para 4 , 5) |
| 3. not in a position to satisfy (Para 8 , 9 , 10 , 11 , 12 , 15 , 16 , 17) |
| 4. reasons recorded by the disciplinary authority (Para 13 , 14) |
| 5. writ petition is, therefore, allowed (Para 18 , 19 , 20 , 21 , 22) |
Order :
1. The present writ petition impugns the order dated 07.09.2020 (Annexure-2) passed by the Superintendent of Police, Chittorgarh, whereby the petitioner has been dismissed with immediate effect from services while invoking the provisions of rule 19(ii) of the Rajasthan Civil Services (Classification, Control and Appeals) Rules, 1958 (hereinafter referred to as ‘the Rules of 1958’). The order of Appellate Authority dated 10.12.2021 (Annexure-4) affirming the said order dated 07.09.2020 is also under challenge.
2. At the request of the learned counsel for the parties and considering that the petitioner has been dismissed from service, the matter was finally heard.
3. Apprising the Court about the needful facts, learned counsel for the petitioner stated that the petitioner is a Constable and the order impugned has been passed on the basis of preliminary inquiry dated 24.08.2020 (
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 a civil servant without proper inquiry violates constitutional safeguards and is arbitrary; procedural requirements must be strictly followed.
Dismissal of employees without a proper inquiry is contrary to established rules, emphasizing the need for adherence to procedural safeguards in disciplinary actions.
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....
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.
The main legal point established in the judgment is the requirement of recording reasons for dispensing with the enquiry while removing a person from service, as mandated by Rule 19 (ii) of the Rules....
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