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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANAND SHARMA
Kamrudeen Khan S/o Shri Sumer Khan – Appellant
Versus
State Of Rajasthan, Through The Additional Chief Secretary, Home Department – Respondent
ORDER :
ANAND SHARMA, J.
1. This writ petition has been filed by the petitioner challenging order dated 29.12.2023 issued by Inspector General of Police, Bharatpur Range Bharatpur, whereby, in exercise of powers under Rule 19(ii) of Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958, penalty of dismissal from service has been imposed upon the petitioner along with other ancillary directions.
2. Learned counsel for the petitioner submits that the petitioner was initially appointed on the post of Constable on 30.01.1987 and was further promoted on the post of Head Constable in the year 2006 and thereafter on the post of Assistant Sub-inspector in the year 2010 and lastly, he was further posted as Sub-Inspector of Police in the year 2018. Learned counsel for the petitioner submits that the petitioner was holding substantive post of Sub-Inspector of Police however, one notice dated 02.10.2023 was issued by the Additional Superintendent of Police, District Deeg requiring the petitioner to show cause in respect of one photo published at social media allegedly reflecting that the petitioner was in objectionable position with a female. Learned counsel for the petitioner
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.
Dismissal of a civil servant without proper inquiry violates constitutional safeguards and is arbitrary; procedural requirements must be strictly followed.
The main legal point established in the judgment is the requirement for clear reasons and objective criteria when dispensing with a departmental enquiry under Rule 161(ii) of the Railway Protection F....
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