IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANAND SHARMA
Bhanwar Lal Sharma Son Of Shri Satya Narayan Sharma – Appellant
Versus
State Of Rajasthan, Through Principal Secretary, School Education Department – Respondent
ORDER :
ANAND SHARMA, J.
1. Learned counsel for the petitioner has filed this writ petition challenging two separate charge-sheets dated 25.03.2025 & 16.04.2025 issued by Director, Secondary Education, Rajasthan in the capacity of disciplinary authority under Rule 16 of Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958.
2. While pressing his challenge to charge-sheet, it has been submitted by learned counsel for the petitioner that the charge-sheet has been issued by Incompetent Authority as the petitioner is holding the post of Principal in Senior Secondary School, which is post of the State service and therefore, only the State Government and not the Director can issue charge-sheet to the petitioner.
3. In addition to above, learned counsel for the petitioner also submits that as per DOP circular dated 23.05.2002, it is incumbent upon the disciplinary authority to conduct a preliminary enquiry before issuing any charge-sheet and the delinquent should also be given opportunity before issuing charge-sheet on the basis of findings of preliminary enquiry. Learned counsel submits that despite, clear cut guidelines given by Department of Personnel, blindly relying u
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