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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
VINOD KUMAR BHARWANI
Sanjay Chawda, FC No.1744 son of Shri Yadram – Appellant
Versus
State of Rajasthan, through Director General of Police – Respondent
ORDER :
VINOD KUMAR BHARWANI, J.
1. By way of filing instant writ petition under Article 226 of the Constitution of India the petitioner has assailed the order dt.12.10.2019 passed by the respondent No.3/Superintendent of Police, Bhiwadi [For short 'the Disciplinary Authority'] whereby he was dismissed from service after exercising the powers under Rule 19 (ii) of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (for short 'the Rules of 1958).
2. The petitioner has also assailed the order dt.16.06.2022 passed by the respondent No.2/Inspector General of Police, Jaipur Range, Jaipur (for short 'the Appellate Authority), whereby the appeal of the petitioner filed against the aforesaid punishment order dt.12.10.2019 was dismissed and the penalty imposed upon him of dismissal from service was upheld.
3. Learned counsel appearing for the petitioner submitted that the petitioner was appointed as Constable (GD) in the Rajasthan Police on 30.04.2012. In May, 2019 the petitioner was served by a letter for submitting his explanation with regard to his communications with Sonu Gurjar (Criminal). The petitioner submitted his explanation and later-on, Inquiry Officer has s
Dismissal of a civil servant without proper inquiry violates constitutional safeguards and is arbitrary; procedural requirements must be strictly followed.
The court emphasized that dismissal without a proper inquiry violates principles of natural justice and requires valid justification under Rule 19(ii) of the Rules of 1958.
The judgment emphasizes the requirement of concrete and appropriate reasons for dispensing with an inquiry before dismissing a government servant, as mandated by Rule 19(ii) of the Rajasthan Civil Se....
The main legal point established in the judgment is the requirement of recording reasons for dispensing with the enquiry while removing a person from service, as mandated by Rule 19 (ii) of the Rules....
The disciplinary authority must provide valid reasons for invoking immediate dismissal under rule 19(ii) of the Rules of 1958, and cannot bypass the inquiry process without justification.
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