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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
JUSTICE ANOOP KUMAR DHAND, J
RAVI KISHORE JONWAL S/O SHRI HARI VILAS JONWAL – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. By way of filing this writ petition, a challenge has been led to the charge-sheet issued to the petitioner under Rule 17 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules , 1958 (for short, ‘the Rules of 1958’) with the charge that he submitted D.B. Civil Writ Petition No. 13019/2023 before this Court without informing the department and impleaded the department as party respondent in the array of cause title. Counsel submits that such an act on the part of the petitioner was found to be a misconduct under Rule 29 of the Rajasthan Civil Services (Conduct) Rules , 1971 (for short, ‘the Rules of 1971’). Counsel submits that several notices were issued to the petitioner by the then Presiding Officer for not submitting the case diary. Counsel submits that this fact was brought into the notice of the authority but no heed was paid by them, hence, under these circumstances, no option was left with him except to approach this Court by way of filing the aforesaid petition. Counsel submits that before approaching this Court, he had also informed the Department on 03.07.2023. Counsel submits that aforesaid act of the petitioner does not amount to misconduct
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 actions against employees are permissible for misconduct during duties, and such actions require careful scrutiny but should not be quashed without significant justification.
Government servants' conduct is regulated by specific rules, and actions outside official duties can still constitute misconduct if they undermine integrity or reflect poorly on their position.
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 authorities must provide reasoned orders, and failure to do so renders such orders invalid.
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.
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