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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANAND SHARMA
Ram Lal Meena son of Shri Puni Ram Meena – Appellant
Versus
State of Rajasthan through Secretary to the Government of Rajasthan, Department of Social Justice and Empowerment – Respondent
JUDGMENT :
Anand Sharma, J.
1. In the present writ petition, the petitioner has assailed the legality, propriety and validity of order dated 27.06.2011 whereby the disciplinary authority imposed upon him the penalty described as “termination from service”, along with all consequential actions taken pursuant thereto. The petitioner has further prayed for relief of reinstatement with all consequential benefits.
2. Facts in brief are that the petitioner is a member of Scheduled Tribe Community. He was initially appointed as Hostel Superintendent (First Class) in Social Welfare Department pursuant to a regular selection conducted by the Rajasthan Public Service Commission, Ajmer.
3. The petitioner was initially married to Smt. Narangi Meena. According to the petitioner, the said marriage stood dissolved on 25.04.1995 in accordance with the customary practices prevailing in the Meena Community. A panchnama evidencing such customary dissolution was prepared. Thereafter, the petitioner informed the competent authorities about the dissolution and by application dated 17.06.1995, sought permission to contract a second marriage. Petitioner has come out with a case that thereafter, reminders were
Disciplinary termination without jurisdiction violates natural justice; customary divorce acknowledged, rendering bigamy charges invalid under personal law.
Bigamous marriage is prohibited under Regulation 4(xxi) of the APSEB Regulations, and customary divorce claims must be proven to negate such allegations.
The issue of constructive res judicata and the requirement of proving guilt in a disciplinary proceeding.
The court ruled that while misconduct was established, the punishment of compulsory retirement was excessive and disproportionate, warranting judicial intervention.
The main legal point established in the judgment is the need for proportionality in imposing disciplinary penalties, considering the changing ethical standards and societal behavior, and the impact o....
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