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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Dinesh Mehta, J
Bheekharam Vishnoi S/o. Shri Hariram Vishnoi – Appellant
Versus
State of Rajasthan, Through Additional Chief Secretary, Department of School Education, Government of Rajasthan, Jaipur – Respondent
| Table of Content |
|---|
| 1. petitioner dismissed from services (Para 1) |
| 2. petitioner appointed as teacher (Para 2) |
| 3. criminal case registered (Para 3) |
| 4. suspension due to custody (Para 4) |
| 5. disciplinary proceedings initiated (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 6. challenge to inquiry report (Para 13 , 14 , 15) |
| 7. inquiry report and documents (Para 16 , 17 , 18 , 19 , 20) |
| 8. violation of natural justice (Para 21 , 22 , 23) |
| 9. dismissal as civil death (Para 24 , 25 , 26 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 10. writ petition allowed (Para 27) |
ORDER :
1. Instant writ petition lays challenge to the order dated 04.09.2024, passed by the respondent No.2 (Annexure-16), whereby the petitioner has been dismissed from services.
2. The requisite facts in brief are that on 01.09.1997, the petitioner was appointed on the post of Teacher Grade – III, whereafter he got promoted on the post of Teacher Grade – II.
3. A criminal case came to be registered against him (FIR No.249/2012) on 23.09.2012 at Police Station Shastri Nagar, Jodhpur. In furtherance whereof, he was sent to the judicial custody on 15.12.2012 and he remained in custody upto 21.12.2012.
4. As petitioner remained in judicial custody for more than 4
Disciplinary proceedings must adhere to principles of natural justice, especially when dismissal is involved, requiring adequate time for the employee to respond.
The principles of natural justice require that a delinquent employee be given a copy of the preliminary enquiry report before the disciplinary authority arrives at its conclusions with regard to the ....
The disciplinary authority is not bound to accept the inquiry officer's findings and must ensure adherence to procedural rules in conducting inquiries, even amid ongoing criminal proceedings.
The disciplinary authority must provide reasons for disagreeing with an Inquiry Officer's findings to uphold natural justice.
The court emphasized the necessity of adhering to principles of natural justice in disciplinary proceedings, ruling that failure to do so can lead to quashing of punitive actions.
The dismissal of an employee without providing the enquiry report and failing to follow principles of natural justice is illegal and warrants reinstatement.
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