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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 :
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.
4. Mr. Vivek Firoda, learned counsel for the petitioner argued that the respondents have illegally invoked rule 19 of the Rules of1958 and dismissed the petitioner from services.
6. It was highlighted that so far as FIR No.101/2020 is concerned, the petitioner has not even been charge-sheeted.
8. Learned counsel for the respondents was, however, not in a position to satisfy the Court as to why it was not reasonably practicable to follow the procedure prescribed under law and dispense with the inquiry.
10. Learned counsel for the petitioner relied upon the judgment dated 14.03.2023 rendered by this Court in the case of Badri Ram vs. State of Rajasthan (S.B. Civil Writ Petition No.14681/2019)
12. The petitioner has been dismisse
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....
Dismissal from service matter - Rule 23 of Rules of 1991 clearly indicate that provisions of Revision are not mandatory in nature and are clearly at discretion of Officer whose appeal has been reject....
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