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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Shankar Ram S/o Shri Jassa Ram – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The instant writ petition, preferred under Article 226 of the Constitution of India, challenges a chain of administrative orders that have cumulatively resulted in the dismissal of the petitioner, Shri Shankar Ram, from his service as a Constable in the Police Department. The challenge is specifically directed against four sequential orders the original disciplinary order dated 29.11.2016 (Annexure 6) imposing a penalty of stoppage of two annual grade increments with cumulative effect; the Appellate Authority's remand order dated 29.09.2017 (Annexure 7); the enhanced penalty order passed upon remand by the Disciplinary Authority dated 14.11.2017 (Annexure 9), imposing a punishement of stoppage of four annual grade increments with cumulative effect and the final, determinative order dated 15.05.2018 (Annexure 12), passed by the Inspector General of Police, Jodhpur Range, Jodhpur, in the suo motu exercise of review powers under Rule 32 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules (for short, hereinafter referred to as ‘the CCA Rules’) enhanced the penalty to dismissal from service. This Court is tasked with reviewing the legality, procedural co
Judicial review in disciplinary matters allows interference where procedural fairness is lacking and reliance on preliminary findings without proper evidence violates natural justice.
Punishment of dismissal of service should be awarded for gravest act of misconduct.
The High Court does not act as an appellate authority in disciplinary matters and will not interfere with the quantum of punishment unless it is shocking to the conscience.
The findings in the criminal and departmental proceedings were based on the same set of facts, and acquittal in a criminal case does not automatically entitle the individual to relief in departmental....
The High Court upheld the dismissal of a constable for unauthorized absence, ruling that appropriate procedures were followed, and punishment was not disproportionate to the violations committed.
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