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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
| Table of Content |
|---|
| 1. assailing disciplinary orders (Para 1 , 2) |
| 2. argument for lack of due process (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. review of disciplinary authority's orders (Para 9 , 10 , 11 , 12) |
| 4. necessity of recording reasons (Para 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 5. writ petition allowed and orders quashed (Para 20 , 21 , 22 , 23 , 24) |
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 fo
Dismissal of a civil servant without proper inquiry violates constitutional safeguards and is arbitrary; procedural requirements must be strictly followed.
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....
Dismissal from service matter - Rule 23 of Rules of 1991 clearly indicate that provisions of Revision are not mandatory in nature and are clearly at discretion of Officer whose appeal has been reject....
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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