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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
JUSTICE DINESH MEHTA, J
Rajaram S/o Sh. Banwari Lal – Appellant
Versus
The State Of Rajasthan Through The Principal Secretary – Respondent
Order :
1. The petitioner has approached this Court feeling aggrieved of the order dated 14.10.2014 (Annexure-12) passed by the Deputy Superintendent of Police, whereby he has been dismissed from services so also the order dated 03.10.2016, whereby the appeal filed thereagainst has been rejected.
2. The facts of the case are shocking to say the least – they unravel how the respondents have proceeded against the petitioner, practically in absence of any evidence or material. Simply because, he happened to be uncle of one Naresh on whose behalf another person (Sukhdev) was caught participating in the race held for the recruitment of constable.
3. On fateful day i.e. 13.04.2013, race being integral part of the recruitment process was being conducted at Swami Keshwanand Agriculture University Stadium, Bikaner (hereinafter referred to as ‘the University’) during which pursuant to a complaint, the respondents came to know that a person wearing chest No.407 was impostering the actual candidate and taking part in the race. Said impostor – Sukhdev was later on intercepted and on inquiry, it was revealed that he was doing so in place of Naresh.
4. An FIR came to be registered against said Naresh
Disciplinary action requires substantial evidence; dismissal based on mere familial ties without proof is unjust.
Disciplinary authorities must follow the established procedure of law and judicial pronouncements in disciplinary proceedings.
Disciplinary proceedings quashed for defective charge memo without imputations, documents, witnesses; no departmental evidence or witnesses; perfunctory enquiry report lacking independent reasons and....
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