Disciplinary proceedings must be initiated by the appropriate authority as defined by relevant rules; unauthorized initiation renders proceedings invalid.

Judgment :

1. The petitioner has called in question the disciplinary proceedings initiated by the Deputy Secretary, Department of Personnel vide memorandum of charges dated 13.05.2024 on the ground of jurisdiction and competence.

2. The petitioner was appointed as Accounts Officer in Public Works Department, Churu by order dated 04.10.2021 issued by the Joint Secretary, Finance. His appointing authority is, Secretary, Finance Department.

3. A common and combined charge-sheet has been issued against the petitioner and one Amarjeet Singh, who was working as a Devolpment Officer, Panchayat Samiti Rajgarh, Churu. Appointing authority of said Amarjeet Singh was Secretary, Panchayati Raj Department and disciplinary authority is Department of Personnel, as he was in State services.

4. While informing that the petitioner’s services are governed by the Rajasthan Accounts Service Rules, 1984, Mr. Bhaleria, learned counsel asserted that petitioner’s disciplinary authority is the Secretary to the Government, Department of Finance.

5. The basic plank of challenge is, that since the Department of Personnel is neither the petitioner’s appointing authority nor the disciplinary authority, it cannot initiate disciplinary proceedings against him.

6. It was argued by Mr. Bhaleria, learned counsel for the petitioner that if any disciplinary action is to be taken against the petitioner, it is his parent department i.e. Department of Finance, which can take decision to initiate the proceedings and issue charge-sheet and not the Department of Personnel.

7. Ms. Meenal Singhvi, appearing for the respondent-State submitted that on account of involvement of two persons - the petitioner and one Amarjeet Singh, the State decided to initiate proceedings against both the delinquents and since one was from Finance Department (petitioner) and the other was from Department of Personnel (Amarjeet Singh), proceedings against them were initiated conjointly by the Department of Personnel vide memorandum of charges dated 13.05.2024.

8. While relying upon Rule 18 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as the ‘CCA Rules, 1958), she argued that the Department of Personnel was justified in initiating disciplinary proceedings and serving charge-sheet upon the petitioner. She read the text of Rule 18 of CCA Rules, 1958 and argued that the same empowers the Department of Personnel to do so.

9. In rejoinder Mr. Bhaleria, learned counsel for the petitioner relied upon the judgment of this Court rendered at Jaipur Bench in the case of Prem Shanker vs. High Court of Judicature for Rajasthan & Ors : S.B. Civil Writ Petition No.1289/1981, reported in 1991 1 WLC 170 and highlighted that in almost similar circumstances, this Court has held that disciplinary proceedings are required to be initiated by the disciplinary authority. However, one common Inquiry Officer can be appointed and inquiry be conducted in order to ensure that one common set of evidence can be used qua both such employees so as to save time and duplicacy of proceedings.

10. Heard learned counsel for the parties.

11. Rule 18 of the Rule of CCA Rules, 1958 reads thus:-

Joint Enquiry:-

(1) Where two or more Government Servants are concerned in any case, the Government or any other authority competent to impose the penalty of dismissal from service on all such Government Servants may make an order directing that disciplinary action against all of them may be taken in a common proceedings.

(2) Any such order shall specify –

(i) the authority which may function as the Disciplinary Authority for the purpose of such common proceedings; (ii) the penalties specified in rule 14 which such Disciplinary Authority shall be competent to impose; and (iii) whether the procedure prescribed in rule 16 to 17 may be followed in the proceeding.”

12. A few facts are indisputed that the charges revolve around the financial and other irregularities committed in Panchayat Samiti, Rajgarh