[2026:RJ-JP:109]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13646/2020 Vilayati Ram Son Of Late. Charan Das, Aged About 68 Years, Address House No. 17, Kali Kothi, Niwaru Road, Jhotwara, Jaipur (Rajasthan) - 302012.

----Petitioner Versus

1. The State Of Rajasthan, Through Secretary To Government, Department Of Personnel, Rajasthan, Secretariat, Jaipur - 302005.

2. Secretary, Department Of Law And Legal Affairs, Secretariat, Jaipur - 302005.

3. Director Pension And Pensioners Welfare Department, Rajasthan, Jyoti Nagar, Jaipur - 302005.

4. Deputy Secretary To The Government, Department Of Personnel (A-3/enquiry), Rajasthan, Secretariat, Jaipur -

302005.

5. Rajasthan Public Service Commission (Rpsc), Through Its Secretary, Ghooghara Ghati, Jaipur Road, Ajmer (Rajasthan)-305001.

----Respondents For Petitioner(s) : Mr. Tribhuvan Narayan Singh For Respondent(s) : Mr. Archit Bohra, AGC with Ms. Sweekriti Sharma Mr. Rahul Lodha, AGC Mr. Dilip Singh HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

06/01/2026

1. Heard application No.01/2025 and with consent of the counsel for the parties, the application is allowed and matter is considered for final disposal at this stage.

2. CMS No.12901/2020 is disposed as withdrawn.

3. Instant writ petition is filed with following prayer:

(i) by an appropriate writ, order or direction the punishment order dated: 19-08-2020 (Annexure:16) may kindly be quash and set-aside.

(ii) by an appropriate writ, order Respondents be directed to pay the Pension to the petitioner as he was getting before passing of the order dated: 19- 08-2020 and other retirement benefits which the petitioner is entitled to in accordance with law. (iii) by an appropriate writ, order Respondents be directed not to take any further coercive action against the Petitioner considering the fact that the Petitioner is a Senior Citizen.

(iv) by an appropriate writ, order Respondents be directed to pass necessary and consequential orders in this regard within a period of two months considering the fact that the Petitioner is a Senior Citizen.

4. Learned counsel for petitioner while placing reliance upon judgment in case of Brij Mohan Vs. State of Rajasthan DB Special Writ Appeal No.659/2015 passed by this Court and H.L. Gulati Vs. Union of India Civil Appeal No.8224-8225/2011 passed by Hon’ble Supreme Court has submitted that the petitioner was appointed on post of Vidhi Rachnakar in the Department of Law and Legal Affairs on 16.06.1994 and was confirmed in service on 07.01.1997. He further submitted that a departmental enquiry was proposed against the petitioner and on 25.02.2008 the petitioner was placed under suspension and afterwards a memo of charge was issued under Rule 16 of Rajasthan Civil Services (Classification Control and Appeal) Rules, 1958 (hereinafter referred as “Rules of 1958”). He further submitted that after due enquiry, the petitioner was not found guilty by the Inquiry Officer but the disciplinary authority disgareed with the report and issued a notice to the petitioner and on the basis of statement of Mahendra Singh (Tehsildar), recorded under Section 161 Cr.P.C. by IO, has held that the charge No.1 is proved and petitioner was found guilty of procuring false caste certificate to secure job. He further submitted that on the basis of charge No.1, charge No.2 was found proved wherein a land transaction was mentioned by disciplinary authority. He further submitted that the petitioner was charged with submission of a false caste certificate claiming to be a person of Scheduled Caste and on the basis of complaint filed by politician Nasru Khan, FIR was registered wherein the petitioner has faced the charge-sheet in criminal court and was acquitted.

5. He further submitted that it is obligatory on part of the disciplinary authority to record a finding whether delinquent employee has committed an act of “grave misconduct” or “grave negligence”. He also submitted that without any specific findings, 100% pens