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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
JUSTICE ANOOP KUMAR DHAND, J
Ramdeen Sharma – Appellant
Versus
State of Rajasthan – Respondent
Order :
1. By way of filing of instant writ petition, a challenge has been led to the impugned order dated 28.06.2005 by which the petitioner has been punished with the penalty of stoppage of four annual grade increments without cumulative effect. The said order has been upheld by the Appellate Authority vide impugned order dated 04.12.2007.
2. Aggrieved by both the orders, the petitioner has approached this Court by way of filing of this instant writ petition.
3. Learned counsel for the petitioner submits that a charge- sheet under Rule 17 of the Rules of Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (for short ‘Rules of 1958’) was served upon the petitioner with the charge that he received a sum of Rs.10,000/- as bribe from the complainant for setting up the matter by submitting final report. Counsel submits that the petitioner submitted reply to the aforesaid charge-sheet but without holding a regular enquiry as per the provisions contained under Rule 17 of the Rules of 1958, straightaway punishment order has been passed against the petitioner on the basis of preliminary enquiry. Counsel submits that the petitioner could not get an opportunity to cross-exa
A regular enquiry is mandatory in disciplinary proceedings, and findings from a preliminary enquiry cannot be used without providing the delinquent an opportunity to cross-examine witnesses.
A charge-sheet cannot be quashed merely because it is based on the same facts as an FIR; the validity of the charge-sheet is determined by the disciplinary authority.
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 authorities must provide reasoned orders, and failure to do so renders such orders invalid.
Mandatory adherence to procedural rules in disciplinary hearings ensures fairness and due process for the charged official.
The court emphasized that a departmental inquiry must adhere to statutory procedures and principles of natural justice; failure to do so invalidates the resulting punishment.
The main legal point established in the judgment is the need for integrity in the judiciary, the limitations of judicial review, and the principles governing interference with administrative decision....
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