Dismissed

Praveen Godara v. State of Rajasthan

Rajasthan HC2 Aug 2023CW/521/2021

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged the continuation of disciplinary proceedings, arguing a conflict with a related criminal FIR. The single-judge Bench held charges were substantially different and merits of criminal proof differ from disciplinary proof, dismissing the petition and the stay application.

What did the court decide?

The writ petition and the accompanying stay application were dismissed; disciplinary proceedings are continued.

Praveen Godara Vs State of Rajasthan — Service and Employment | Rajasthan HC (2023)

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[2023:RJ-JD:24503]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 521/2021

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Praveen Godara S/o Sh. Vijay Singh Bishnoi, Aged About 44 Years, Resident Of Gumjal, Khuhiyan Sarvar, Fajilka (Punjab).

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary, Department Of Home Affairs, Government Of Rajasthan, Jaipur.

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The Superintendent Of Police (Cid), State Special Branch, Jaipur.

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----Respondents

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For Petitioner(s)	: Mr. Sushil Solanki
For Respondent(s)	: Mr. Manish Vyas, AAG assisted with
	Mr. Kailash Choudhary

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JUSTICE DINESH MEHTA

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Order

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02/08/2023

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By way of present writ petition, the petitioner has challenged continuation of disciplinary proceedings against him which was initiated by the respondents vide memorandum of charges dated 27.02.2020.

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The petitioner’s main grievance is that an FIR has also been registered against the petitioner being FIR No. 378 dated 15.10.2019 and the charges leveled in the disciplinary proceedings are related to the above referred FIR and that the disciplinary proceedings if allowed to continue will adversely affect the trial pursuant to the said FIR No.378 dated 15.10.2019.

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Mr. Solanki, learned counsel for the petitioner submitted most of the charges, out of the five charges, leveled against the

(2 of 3)

[2023:RJ-JD:24503]

[CW-521/2021]

petitioner revolve around the FIR No.378 dated 15.10.2019 and hence, the disciplinary proceedings be ordered to be kept in abeyance until the decision of the case against the petitioner pursuant to above referred FIR.

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Mr. Manish Vyas, learned Additional Advocate General zealously read the charges and submitted that the charges are entirely different.

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He also submitted that the petitioner’s behaviour has been unbecoming of a Government servant and maybe, an FIR in relation to the same incident has been registered, but since the petitioner’s act was with a Constable on duty, such charges need to be dealt with by the Disciplinary Authority.

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Heard learned counsel for the parties and perused the charges given along with the memorandum of charges dated 27.02.2020.

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This Court is of the view that the charges are substantially different. That apart, having regard to the nature of the charges and the fact that strictness of proof in criminal case is entirely different than the strictness of proof in the disciplinary proceedings, the disciplinary proceedings in the present factual matrix deserve to be continued.

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The writ petition is, therefore, dismissed.

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It is hereby made clear that this Court has not recorded any finding about petitioner’s guilt or otherwise and any observation made will not be construed to be a finding of this Court.

(3 of 3)

[2023:RJ-JD:24503]

[CW-521/2021]

The stay application also stands dismissed accordingly.

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(DINESH MEHTA),J

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59-akansha/-

Praveen Godara v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Praveen Godara v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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