HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 11197/2021

Anand Kumar S/o Ramesh Kumar, Aged About 32 Years, Ward

No.6, Sector No.12, Hanumangarh Junction Junction, Tehsil And

District Hanumangarh, At Present Posted At School Lecturer

(English) At Govt. Sr. Secondary School, Damodra, Panchayat

Samiti Sam, District Jaisalmer.

----Petitioner

Versus

1.

State Of Rajasthan, Through The Secretary, Education

Department, Government Of Rajasthan, Secretariat,

Jaipur (Rajasthan)

2.

The Director, Secondary Education Department Bikaner,

Rajasthan.

3.

The Joint Director (School Education), Jodhpur Division,

Jodhpur.

4.

The District Education Officer, Headquarter, Secondary

Education, Jaisalmer, Rajasthan.

5.

Principal, Govt. Sr. Secondary School, Damodra, Block

Sam, District Jaisalmer.

----Respondents

For Petitioner(s)

:

Mr. C.S. Kotwani.

For Respondent(s)

:

Mr. Hemant Choudhary, G.C.

Mr. Vishal Jangid, Dy.G.C.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

27/06/2022

This writ petition has been filed by the petitioner aggrieved

against the order dated 10.08.2021 (Annex.21), whereby in

pending proceedings under Rule 16 of the Rajasthan Civil Services

(Classification, Control & Appeal) Rules, 1958 (‘the Rules of

1958’), exercising powers under Rule 19(i) based on conviction of

the petitioner in a criminal case, he has been dismissed from

service.

(2 of 8)

[CW-11197/2021]

The petitioner, who was serving as Senior Teacher (English)

at Government Senior Secondary School, Damodra, Block Sam,

District Jaisalmer came to be convicted by the Court of Judicial

Magistrate, Hanumangarh under Section 498A IPC by judgment

dated 04.02.2021 with punishment of simple imprisonment for

one year and Rs.500/- as penalty.

The petitioner filed appeal against the judgment dated

04.02.2021, the Sessions Judge, Hanumangarh by its order dated

10.02.2021, suspended the sentence passed by the trial court on

04.02.2021.

By order dated 30.03.2021 (Annex.11), the petitioner was

placed under suspension under Rule 13 of the Rules of 1958 and

was relieved on 01.04.2021.

Feeling aggrieved of the order of suspension, the petitioner

filed SBCWP No.6981/2021, which came to be withdrawn by the

petitioner with liberty to file appeal on 12.05.2021. The appeal

was filed by the petitioner before the competent authority under

Rule 22 of the Rules of 1958.

On 21.05.2021 (Annex.16), the petitioner was issued a

charge-sheet under Rule 16 of the Rules of 1958 on account of his

conviction by the Court of Judicial Magistrate, Hanumangarh. The

petitioner responded to the said charge-sheet by the response

(Annex.18), inter-alia, seeking time to produce request

documents. Whereafter, filed a detailed response on 14.06.2021

(Annex.19) and further communication dated 29.07.2021

(Annex.20).

The competent authority by its order dated 10.08.2021,

noticing the circumstances, the contentions raised by the

petitioner and coming to the conclusion that instead of continuing

(3 of 8)

[CW-11197/2021]

with the proceedings under Rule 16, it would be appropriate to

exercise powers under Rule 19(i) of the Rules of 1958, recorded

his satisfaction for exercising of the said powers and passed the

order dismissing the petitioner from service.

Feeling aggrieved of the order dated 10.08.2021, the

petitioner filed the present writ petition on 13.08.2021.

It appears that an advance copy was supplied to the

respondents, who sought time to file reply and the matter

remained pending.

On 15.03.2022, when the matter came up before the Court,

learned counsel for the petitioner informed that conviction of the

petitioner has been stayed in S.B. Cr. Revision Petition

No.191/2022 on 04.03.2022.

Learned counsel for the respondents prayed for and was

granted time to file reply. A reply to the petition has been filed on

17.04.2022