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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
VINIT KUMAR MATHUR
Arvind Nath Vyas – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
VINIT KUMAR MATHUR, J.
1. Since both the writ petitions arise out of similar impugned orders, therefore, they are being heard and decided by this common order.
2. Heard learned counsel for the parties.
3. The present writ petitions have been filed against the order dated 20.01.2025, whereby, the services of the petitioners have been dismissed by the respondent-Department.
4. The facts of S.B. Civil Writ Petition No.4379/2025 are taken into consideration while disposing of the controversy involved in the present cases. Briefly noted the facts involved are that the petitioner, while working on the post of Teacher Grade-II, was involved in an act of misconduct in pursuance of which he was suspended vide order dated 18.01.2025. The respondents, after taking into consideration the relevant facts and conducting a summary/preliminary enquiry in the matter at their own level, have dismissed the petitioner from his services vide order dated 20.01.2025. The said order was passed while invoking the provisions available under Rule 19 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as the Rules of 1958). Hence, the present writ petiti
Dismissal of employees without a proper disciplinary enquiry is unsustainable unless justified with recorded reasons, as mandated by Rule 19 of the Rajasthan Civil Services Rules.
Dismissal of employees without a proper inquiry is contrary to established rules, emphasizing the need for adherence to procedural safeguards in disciplinary actions.
The disciplinary authority must provide valid reasons for invoking immediate dismissal under rule 19(ii) of the Rules of 1958, and cannot bypass the inquiry process without justification.
Dismissal of a civil servant without proper inquiry violates constitutional safeguards and is arbitrary; procedural requirements must be strictly followed.
The judgment emphasizes the requirement of concrete and appropriate reasons for dispensing with an inquiry before dismissing a government servant, as mandated by Rule 19(ii) of the Rajasthan Civil Se....
The court upheld the suspension of a teacher for misconduct, emphasizing the need for discipline in educational institutions.
The main legal point established in the judgment is the requirement of recording reasons for dispensing with the enquiry while removing a person from service, as mandated by Rule 19 (ii) of the Rules....
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