Back
HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
JUSTICE ANOOP KUMAR DHAND, J
RAJENDRA KUMAR GUPTA S/O SHRI RAMJI LAL GUPTA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. By way of filing this petition, a challenge has been led to the order dated 21.07.2011 passed by the Disciplinary Authority by which penalty of stoppage of two annual increments without cumulative effect has been passed. The aforesaid order was assailed by the petitioner before the Appellate Authority and Revision Petition was filed, however both the Appeal and Revision Petition were rejected vide order dated 28.08.2012 and 20.06.2016 respectively. Hence, under these circumstances, the petitioner has approached this Court by way of filing this petition.
2. Learned counsel for the petitioner submits that a charge- sheet under Rule 17 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (hereinafter referred to as “the Rules of 1958”) was served upon the petitioner with a charge that he was posted as Range Forest Officer at Ladpura and without seeking any permission in writing he got himself relieved and joined a new place of posting. Learned counsel submits that a detailed reply to the aforesaid charge-sheet was submitted by the petitioner wherein it was specifically mentioned that the petitioner is a gazetted officer and officer like the petitione
Disciplinary authorities must provide reasoned orders, and failure to do so renders such orders invalid.
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 issue reasoned orders and apply due process to ensure adherence to the principles of natural justice, safeguarding employees against arbitrary judgments.
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.
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.
Procedural fairness is essential in disciplinary proceedings; failure to provide an enquiry report and opportunity to respond violates an employee's rights.
Disciplinary authorities must adhere to procedural rules post charge-sheet and cannot impose penalties without conducting a proper inquiry, ensuring principles of natural justice are respected.
Disciplinary authorities must adhere to procedural fairness by recording reasons for disagreement with enquiry findings and allowing representation before imposing penalties.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
