[2026:RJ-JP:11068]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1303/2020 Jawahar Lal Regar Son Of Shri Nandram, Aged About 43 Years, Resident Of 19, Jai Nagar, Harmada, V.k.i.a., Jaipur.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Department Of Education, Government Of Rajasthan, Jaipur.

2. Director, Elementary Education, Bikaner.

3. District Education Officer (Hq) Elementary Education, Jaipur.

4. Chief Block Education Officer, Panchayat Samiti, Govindgarh, Jaipur.

----Respondents For Petitioner(s) : Mr. Krishan Chander Sharma Mr. Pawan Sharma Mr. Vaibhav Pancholy For Respondent(s) : Mr. Gopal Krishan Sharma HON'BLE DR. JUSTICE NUPUR BHATI

Order

16/03/2026

1. The instant writ petition has been filed by the petitioner seeking following relief(s):-

“It is therefore, most humbly prayed that this Hon’ble Court may graciously be pleased to quash and set the orders dated 17.09.2019 and 03.12.2019 (Annexure-1 and 2) and further be pleased to direct the respondents to reinstate the petitioner with all consequential benefits.

Any other order/ direction/ relief which this Hon’ble Court deems proper in the facts and circumstances of the case may also be passed in favor of the petitioner along with cost.”

2. Briefly stated, the facts of the case are that the petitioner was appointed as a teacher on 25.01.1997 and while he was serving at Government Upper Primary School, Dola Ka Bas, Panchayat Samiti Govindgarh, Jaipur, a charge-sheet dated 11.07.2019 was issued to the petitioner by the Chief Block Education Officer alleging that he had been convicted under Sections 302/149 IPC by a competent criminal court and sentenced to life imprisonment, which allegedly tarnished the image of the department. The petitioner submitted his reply to the charge sheet alleging therein that although he had been convicted, the sentence awarded to him had already been suspended by the Hon’ble High Court vide order dated 13.11.2013 in D.B. Criminal Appeal No. 538/2012 (SOSA No. 619/2013 : Phoolaram @ Phool Chand & Ors. Vs. State of Rajasthan). Despite the suspension of sentence by the Hon’ble High Court and further staying of the conviction by the Hon'ble Division Bench of this Court, the District Education Officer (HQ), Elementary, Jaipur dismissed the petitioner from service vide order dated 17.09.2019 by invoking Rule 19 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 on the ground of conduct leading to conviction on a criminal charge.

3. The petitioner thereafter preferred an appeal before the Director, Elementary Education, Bikaner, challenging the dismissal order; however, the said appeal was dismissed vide order dated 03.12.2019. Aggrieved by the dismissal order dated 17.09.2019 and the appellate order dated 03.12.2019, the petitioner has filed the present writ petition before this Hon’ble Court, contending that since the sentence awarded by the criminal court had already been suspended and further conviction recorded by the criminal court having been stayed, the disciplinary authority ought not to have invoked Rule 19 of the Rajasthan Civil Services (CCA) Rules, 1958, as the provision is not mandatory in nature.

4. Learned counsel for the petitioner submits that the petitioner has been terminated by the respondents vide order dated 17.09.2019 on the ground that the petitioner was convicted in Sessions Case No. 26/2011 vide order dated 18.06.2012 under Sections 302/149 IPC. He submits that during the pendency of the writ petition, the petitioner had preferred criminal appeal being Hon’ble D.B. Criminal Appeal No. 538/2012, and along with which an application for suspension of sentence was also filed, wherein the Hon’ble Division Bench of this Court vide order dated 13.11.2023 had allowed the application with the directions that the sentence shall remain suspended. He submits that during the pendency of the criminal appeal, the petitioner had preferred another D.B. Criminal Sta