Mohd Alim v. State
Case brief
What is this about?
The court quashed a departmental penalty order imposing punishment for irregular transfers and neglect of duty. It held the enquiry was flawed because the Enquiry Officer relied on a preliminary report never shown to the petitioner, and one charge lacked evidentiary support.
What did the court decide?
Impugned orders dated 29.8.1997 and 14.7.1998 set aside; petitioner entitled to revision of pay fixation and consequential benefits.
What the court decided
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 330/1999
Mohammed Alim, Son Of Shri Mohammed Ismail, Resident Of Naya Shahar Cheepa Mohalla Lango Ki Masjid, Kishangarh, District Ajmer, Rajasthan.
----Petitioner
Versus
- The State Of Rajasthan Through The Secretary, Department Of Education, Government Of Rajasthan, Secretariat, Jaipur
- The Department Of Personnel Through Its Secretary, Government Of Rajasthan, Secretariat, Jaipur
----Respondents
For Petitioner(s) : Mr. Reasham Bhargava For Respondent(s) : Mr. KC Chandel, AGC Mr. S. Zakawat Ali, AGC
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Judgment
05/12/2019
Issues for consideration
3 issues framed by the court
Whether the departmental enquiry proceedings were vitiated because the possession report relied upon by the Enquiry Officer was not made available to the petitioner.
Whether the findings of guilt were based on no evidence as no documents were produced to prove service of charges for the second charge.
Whether the High Court can quash the penalty order due to violation of principles of natural justice in the departmental enquiry.
Parties & counsel
- petitioner
Mohammed Alim
- respondent
State Of Rajasthan Through The Secretary, Department Of Education
- respondent
Department Of Personnel Through Its Secretary
Coram
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · December
- Registered
- Case no.
- CW/330/1999
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