ORDER

KULDEEP MATHUR, J.

1. The instant writ petition under Articles 226 and 227 of the Constitution of India has been preferred by the petitioner assailing the order dated 04.07.2023 (Annexure-5) passed by the Director, Animal Husbandry, Rajasthan, Jaipur, whereby the petitioner was dismissed from State service on account of his conviction in a criminal case in exercise of powers conferred under Rule 19 of Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as ‘Rules of 1958’). The petitioner seeks quashing of the aforesaid order and his reinstatement in service with consequential benefits.

2. The petitioner was initially appointed as Pashudhan Sahayak (Live Stock Assistant) vide order dated 27.10.1986 issued by the Director, Animal Husbandry, Rajasthan, Jaipur. Pursuant thereto, he joined at Kota for training and thereafter served at different places in the department. In the course of his service, he was promoted and was subsequently serving as Pashu Chikitsa Sahayak (Veterinary Assistant).

3. Vide order dated 07.10.2020 (Annexure-1), the petitioner was placed under Awaiting Posting Order (APO) upon filing of a criminal case against him and was directed to join at the Directorate of Animal Husbandry, Jaipur, from Animal Hospital, Valdara, District Sirohi. He joined at Jaipur on 14.10.2020. Thereafter, vide order dated 08.06.2022 (Annexure-1), he was posted at Animal Hospital, Bhootgaon, District Sirohi, where he joined on 09.06.2022.

4. After joining at Bhootgaon, the petitioner submitted an application seeking release of his salary for the period from October, 2020 to 15.06.2022. Subsequently, vide office order dated 15.06.2022 (Annexure-3) issued by the Joint Director, Animal Husbandry, Sirohi, in compliance of the order dated 10.06.2022 issued by the Deputy Secretary, the petitioner was transferred from Animal Hospital, Bhootgaon, District Sirohi to Animal Hospital, Lavaan, District Dausa, and was relieved with immediate effect. Subsequently, on 16.06.2022 he joined at Animal Hospital, Lavaan, District Dausa (Annexure-04).

5. In the meantime, criminal proceedings against the petitioner culminated in Special Case No.102/2020 before the Special Court, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Sirohi. Vide judgment dated 18.11.2021, the petitioner was convicted for offences punishable under Sections 332/34 and 353/34 of the Indian Penal Code and Sections 3(2)(v-a) and 3(1) (R)(S) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

6. The petitioner preferred S.B. Criminal Appeal No.1214/2021 before this Court against the aforesaid judgment. The appeal was admitted and, vide order dated 10.12.2021 (Annexure-06), this Court suspended the sentences awarded to the petitioner. The order dated 10.12.2021 (Annexure-06) did not suspend the conviction recorded against the petitioner.

7. Thereafter, the Director, Animal Husbandry, Rajasthan, Jaipur, in exercise of power conferred upon him under Rule 19 passed the impugned order dated 04.07.2023 (Annexure-5). The order refers to the judgment dated 18.11.2021 passed by the Special Court in Special Case No.102/2020 and records that the petitioner had been found guilty of the offences mentioned therein. It further records that the conduct for which the petitioner had been convicted was such as rendered his retention in public service undesirable. The petitioner was accordingly dismissed from State service with immediate effect.

8. Aggrieved by the order dated 04.07.2023 (Annexure-5), the petitioner has approached this Court by way of the present writ petition.

9. Shri Tamini, the learned counsel appearing for the petitioner submitted that the impugned order dated 04.07.2023 (Annexure- 5) has been passed without affording any opportunity of hearing to the petitioner. It was contended that neither any notice nor charge-sheet was served upon him by the respondents before passing an order which has re