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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
DINESH MEHTA
Kailash Chandra Sengar S/o Shri Sahauran Singh – Appellant
Versus
State of Rajasthan through the Secretary, Co-operative Department, Government of Rajasthan – Respondent
ORDER :
1. The case in hands is a classic case portraying victimization of a Government Servant in the hands of higher authorities. And when the strings are in the hands of none other than the Minister of the Department, it is feat certain that the officers including the disciplinary authorities would act in tandem with the instructions in order to appease him or to avert his displeasure.
2. The facts behind the above prelude are, that :-
2.1. The petitioner was appointed as Lower Division Clerk on 02.01.1980 in respondent No.4-Chhatargarh Kraya Vikraya Sahkari Samiti Ltd. (hereinafter referred to as the ‘Samiti’) and was later reached the post of Manager and was working as such.
2.2. In the meantime, the State Government introduced the Rajasthan Civil Services (Special Selection and Special Conditions of Service for Selection of Chief Executives/Executive Officers for Apex Co-operative Institutions and District Level Banking/ Wholesale Consumer and Marketing Co-operative Institutions) Rules, 1995 (hereinafter referred to as the ‘Rules of 1995’), providing for appointment on the post of the General Manager. The Rules of 1995 provide the manner of selection and other related provision a
Disciplinary proceedings initiated against a government servant were quashed due to lack of jurisdiction and influence from a Minister, violating principles of natural justice.
A mere error in jurisdiction without evidence of misconduct or personal gain cannot be termed as misconduct, making the employee liable to disciplinary proceedings.
Section 7(4), Authority is empowered to appoint officers and employees, for efficient performance of its functions.
Joint disciplinary proceedings against employees of different organizations are not permissible under CCS (CCA) Rules, leading to the invalidation of arising penalties.
Disciplinary authority may delegate drawing up of charges to superior officer like Chairman of District Authority upon direction from Executive Chairman of State Authority, validating proceedings wit....
Neighborhood disputes, especially involving family members, do not constitute official misconduct, and disciplinary proceedings initiated on such grounds without substantial evidence violate principl....
Point of Law : It would not be safe to rely on the examination-in-chief recorded which was not subjected to cross examination before the summon was made.
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