The District Education Officer lacks the statutory authority under the Rajasthan Panchayati Raj Act, 1994, to dismiss a Teacher Grade-III, as this power is exclusively vested in the District Establishment Committee for posts encadred in the service.

Order

05/05/2026

1. The instant writ petition has been filed with the following prayers:

“a) by an appropriate writ, order or direction, the dismissal order dated 28.03.2025 (Annex.06) may be quashed and set aside and the petitioner may be directed to be reinstated in service with all consequential benefits;

c) Any other order or direction, which this Hon'ble Court deemed just and proper be passed in favour of the petitioner;

d) Costs of this petition may kindly be allowed to the petitioner”

2. Brief facts of the case as stated in the writ petition are that an order dated 27.09.2023 was issued by the Chief Executive Officer, Zila Parishad, Jodhpur, pursuant to the District Establishment Committee meeting held on 26.09.2023, whereby the petitioner was selected for the post of Teacher Grade-III and allotted to Panchayat Samiti Ghantiyali, with his name appearing at Serial No. 61. Subsequently, vide order dated 29.09.2023 issued by the Vikas Adhikari, Panchayat Samiti Ghantiyali, District Phalodi, appointment/posting orders were issued and the petitioner’s name appeared at Serial No. 6, following which he joined his duties and confirmation to this effect was issued on 30.09.2023. Thereafter, an FIR No. 0030/2024 dated 24.05.2024 was registered against the petitioner under relevant provisions of the IPC and the Rajasthan Public Examination (Prevention of Unfair Means) Act, 2022, alleging that he secured appointment by using a dummy candidate in the competitive examination; he was arrested on 05.12.2024 and later released on bail by order dated 31.10.2025 passed by this Court, Jaipur Bench. Subsequently, the District Education Officer (Headquarters), Elementary Education, Phalodi, vide order dated 28.03.2025, dismissed the petitioner from his services, leading to the filing of the present writ petition before this Court.

3. Learned counsel for the petitioner submits that the petitioner has been afforded appointment on the post of Teacher Gr.III (Level-1) vide order dated 27.09.2023 (Annex.1) pursuant to the meeting of District Establishment Committee. He submits that an FIR was lodged (0030/2024) on 24.05.2024 against the petitioner for the offence under Rajasthan Public Examination (Prevention of Unfair Means) Act, 2022 alleging that the petitioner secured appointment on the post of teacher by using a dummy candidate who appeared in place of the petitioner in the competitive examination pursuant to which, the petitioner was arrested and was enlarged on bail vide order dated 31.10.2025 (Annex.5). However, the respondents, vide order dated 28.03.2025 (Annex.6), invoking Rule 19(ii) of Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958, dismissed the petitioner from service. He submits that the District Education Officer has passed the impugned order dated 28.03.2025 (Annex.6), however the authority to pass the said order vests with the District Establishment Committee pursuant to Section 19(1) sub-section (3) of the Rajasthan Panchayati Raj Act, 1994. He submits that since the order of appointment has been issued by the District Establishment Committee, the power to dismiss the petitioner from service also vests with the same authority. Counsel for the petitioner places reliance upon the order passed by the co- ordinate bench in the case of Laxminarayan Singh (SBCWP No. 3634/2022) decided on 05.03.2026 wherein on similar set of facts the co-ordinate bench has allowed the writ petition while quashing the charge-sheet issued by the District Education Officer.

4. Learned counsel for the respondents submits that the respondents have issued guidelines in respect to the Es