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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
GANESH RAM MEENA
Shankar Lal Chhaba S/o Shri Binya Ramji – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The petitioner by filing instant writ petition under Article 226 of the Constitution of India has made a challenge to the charge-sheet dated 11.05.2005 (Annexure-3) issued under the signatures of the Inspector General of Police, Jaipur Range (I), Jaipur, the order dated 02.08.2005 (Annexure-5) issued under the signatures of the Inspector General of Police, Jaipur Range-I, Jaipur, the order dated 26.07.2006 (Annexure-7) issued under the signatures of the Director General of Police, Rajasthan, Jaipur so also the order dated 12.02.2008 (Annexure-10) issued under the signatures of the Dy. Secretary of the Government, Government of Rajasthan, Home (Gr. 11) Department.
2. The facts emerge out from the pleadings are that when the petitioner was posted as SHO police station Pragpura, District Jaipur, he was issued a charge-sheet on 21.02.2005 (Annexure-1) under Rule 16/18 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 and Amendment Rules of 1983 (for short 'the Rules of 1958, amended Rules of 1983') by the Inspector General of Police, Jaipur (I), Jaipur after conducting a preliminary enquiry with regard to the incident alleged to have taken place
Disciplinary authorities must issue reasoned orders and apply due process to ensure adherence to the principles of natural justice, safeguarding employees against arbitrary judgments.
The main legal point established in the judgment is that the punishment order against an employee must provide good and sufficient reasons, and a non-speaking order is not sufficient.
The main legal point established in the judgment is that disciplinary proceedings must adhere to the provisions of the relevant disciplinary rules and acts, and the penalty imposed must be commensura....
Judicial review in disciplinary proceedings is limited; High Courts cannot interfere with findings or penalties unless they are manifestly illegal or shockingly disproportionate.
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