Rajasthan High Court - Jodhpur
Rajaram vs State Of Rajasthan (2024:Rj-Jd:42242) on 17 October, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:42242]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16018/2024
Rajaram S/o Shri Bhuraram, Aged About 32 Years, Resident Of
Bajju Khalsa, Bikaner, At Present Posted As Teacher Level-1 At
Office Of The Chief Block Education Officer Bajju, District
Bikaner.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Department Of
School Education, Secretariat, Jaipur.
2. Director, Elementary Education, Bikaner.
3. District Education Officer (Hq), Elementary Education,
Bikaner.
4. Chief Block Education Officer, Bajju, Bikaner.
----Respondents
For Petitioner(s) : Mr. Suresh Kumar Bishnoi
For Respondent(s) : Mr. Kamlesh Sharma, AGC
Mr. Digvijay Singh
HON'BLE MR. JUSTICE FARJAND ALI
Order
17/10/2024
1. The petitioner has preferred the instant writ petition under
Article 226 of the Constitution of India being aggrieved of the
initiation of departmental enquiry under Rule 16 of the Rajasthan
Civil Services (Classification, Control and Appeal) Rules, 1958
against him and issuance of the charge-sheet dated 30.08.2024
(Annex.6). The alternative prayer of the petitioner is to stay the
proceedings of the departmental enquiry till completion of the
criminal trial pending against him arising out of FIR No.360/2021
registered at the Police Station Naya Shahar, District Bikaner.
[2024:RJ-JD:42242] (2 of 3) [CW-16018/2024]
2. Learned counsel for the petitioner while maintaining that the
disciplinary enquiry in question firstly cannot be continued as the
respondent department is having no material in relation to the
delinquency or the offence allegedly committed by the petitioner,
further contended that continuation of such enquiry is bound to
prejudice petitioner's defence in the criminal trial. While relying
upon the judgment of Hon'ble Supreme Court in the case of Capt.
M. Paul Anthony Vs. Bharat Gold Mines Ltd. & Anr. reported
in (1999) 3 SCC 679, learned counsel urged that in light of the
principles enunciated by the Hon'ble Supreme Court, the
departmental enquiry cannot continue against the petitioner,
regardless of the nature of the offences alleged.
3. Learned counsel for the respondents submit that the
strictness of proof in the criminal trial is very high, whereas the
same is not that stringent, when it comes to departmental enquiry
and as such the respondents should be permitted to proceed with
the subject enquiry. Learned counsel for the respondents have
placed reliance on the following judgments of the Hon'ble Apex
Court to fortify their submissions :-
(i) State of Rajasthan Vs. B.K. Meena & Ors. : (1996) 6 SCC
(ii) Stenzen Toyotestsu India Private Ltd. Vs. Girish V. &
Ors. : (2014) 3 SCC 636
4. Having perused the memorandum of charges served upon
the petitioner and after considering the law on the subject, more
particularly the judgments cited, this court is of the view that the
departmental enquiry against the petitioner deserves to be kept
on hold.
[2024:RJ-JD:42242] (3 of 3) [CW-16018/2024]
5. Accordingly, it is ordered that the departmental enquiry
initiated against the petitioner under Rule 16 of the Rajasthan Civil
Services (Classification, Control and Appeal) Rules, 1958, in
relation to which the impugned memorandum and charge-sheet
dated 30.08.2024 (Annex.6) has been served upon him, shall
remain stayed till culmination of the criminal trial pending against
him arising out of FIR No.360/2021 registered at the Police Station
Naya Shahar, District Bikaner. After culmination of the trial in the
aforesaid case, the disciplinary authority shall take up the
proceedings from the current stage under intimation to the
petitioner and thereafter proceed in accordance with law. It is
made clear that the outcome of the criminal trial shall not
influence the departmental enquiry as would be proceeded with
subsequently and department would be at liberty to proceed with
in accordance with law.
6. The writ petition is disposed of in these terms.
7. No order as to costs.
(FARJAND ALI),J
17-Samvedana/-
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