Rajasthan High Court - Jodhpur
Abhimanyu Singh Chouhan vs State Of Rajasthan (2025:Rj-Jd:49539) on 17 November, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:49539]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 22359/2025
Abhimanyu Singh Chouhan S/o Shri Himmat Singh Chouhan,
Aged About 41 Years, Resident Of Vpo Chikhali, Tehsil Chikhali,
District Dungarpur, Posted As Teacher (Level-Ist), At Office Of
Chief Block Education Officer, Chikhali, District Dungarpur (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary, Rural
Development And Panchayati Raj Department, Jaipur.
2. The Deputy Secretary To The Govt., Rural Development
And Panchayati Raj Department (Elementary Education),
Rajasthan, Jaipur.
3. The Director, Elementary Education, Rajasthan, Bikaner.
4. The District Education Officer (Headquarter), Elementary
Education, Dungarpur.
5. The Joint Director, School Education, Udaipur Division,
Udaipur (Raj.).
6. The Chief Block Education Officer, Chikhali, District
Dungarpur.
7. The Chief Block Education Officer, Galiyakot, District
Dungarpur.
----Respondents
For Petitioner(s) : Mr. Yashpal Khileree
For Respondent(s) : -
HON'BLE MR. JUSTICE FARJAND ALI
Order
17/11/2025
1. The petitioner has preferred the instant writ petition under
Article 226 of the Constitution of India being aggrieved of the
initiation of departmental equiry under Rule 16 of the Rajasthan
Civil Services (CCA) Rules, 1958 against him and issuance of the
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[2025:RJ-JD:49539] (2 of 3) [CW-22359/2025]
charge-sheet dated 24.03.2025 (Annex.3) in pursuance of FIR
No.130/2024 of Police Station Rajtalab, Banswara. The alternative
prayer of the petitioner is to stay the proceedings of the
departmental enquiry under charge No.1 till completion of the
criminal trial pending against him arising out of FIR No.130/2024
of Police Station Rajtalab, Banswara.
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 under charge No.1 cannot continue against
the petitioner, regardless of the nature of the offences alleged.
3. 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 under charge No.1 against the petitioner
deserves to be kept on hold.
4. Accordingly, it is ordered that the departmental enquiry
initiated against the petitioner for charge No.1 under Rule 16 of
the Rajasthan Civil Services (CCA) Rules, 1958, in relation to
which the impugned memorandum and charge-sheet dated
24.03.2025 (Annex.3) has been served upon him, shall remain
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[2025:RJ-JD:49539] (3 of 3) [CW-22359/2025]
stayed till culmination of the criminal trial pending against him
arising out of FIR No.130/2024 of Police Station Rajtalab,
Banswara. 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.
5. The writ petition is disposed of in these terms.
6. No order as to costs.
(FARJAND ALI),J
321-divya/-
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