Allowed

Sharwan Ram v. State of Rajasthan

Rajasthan HC16 Feb 2024CW/304/2024

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged an order dated 26.12.2023 related to disciplinary proceedings. The High Court of Rajasthan followed the reasoning of its previous judgment in Surendra Kumar Meena, where it held that certain charge-sheets were issued by an incompetent authority. Conforming to that precedent, the Court allowed the petitioner's case.

What did the court decide?

The order dated 26.12.2023 is quashed and set aside; the petitioner is allowed the writ petition.

Sharwan Ram Vs State of Rajasthan — Service and Employment | Rajasthan HC (2024)

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[2024:RJ-JD:8367]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 304/2024

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Sharwan Ram S/o Shri Bhanwra Ram, Aged About 40 Years, R/o Village Jalwana Post Dhandhlas Tehsil Merta City District Nagaur (Rajasthan).

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----Petitioner

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Versus

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State Of Rajasthan, Through The Director Cum Special Secretary, Directorate, Local Self Department, Rajasthan, Jaipur (Rajasthan).

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The District Collector, Nagaur (Rajasthan).

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----Respondents

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For Petitioner(s)	: Mr. Suniel Purohit
For Respondent(s)	: Mr. Rajesh Parihar

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JUSTICE DINESH MEHTA

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Order

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16/02/2024

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Learned counsel for the petitioner submitted that the issue involved in the present writ petition is squarely covered by the judgment dated 07.04.2021, passed by this Court in the case of Surendra Kumar Meena vs. State of Rajasthan : S.B. Civil Writ Petition No. 430/2021 .

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Learned counsel for the respondent – State is not in a position to dispute the aforesaid position of facts and law.

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In the case of Surendra Kumar Meena (supra), this Court has held thus:-

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“11. So far as the prayer for quashing charge-sheet is concerned, the petitioner has already filed reply to the first charge-sheet while to the second chargesheet he has yet to file reply. It is at initial stage. This Court would not at this stage take into

(2 of 3)

[2024:RJ-JD:8367]

[CW-304/2024]

consideration the factual aspects of the chargesheet. It is for the competent disciplinary authority to examine the factual aspects keeping in view the reply filed by the petitioner and take a decision. At this stage, the competent authority is empowered to drop the charge-sheet or it may appoint an enquiry officer to further conduct enquiry thereto. However, this Court would not interfere with the charge-sheets in view of the law laid down as noted above. No person has been impleaded as party against whom the allegations of malice or bias have been levelled. In absence thereof, the said aspects cannot be examined.

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As regards the charge-sheet issued by the District Collector is concerned, admittedly, the District Collector is neither the appointing authority nor controlling authority of the petitioner. The charge-sheet could not have been issued by the District Collector to the petitioner. Moreover, as the allegations levelled by the petitioner are against the SDM as well as Divisional Commissioner and as the Divisional Commissioner, who is senior to the Collector and is immediate superior authority, therefore, the charge-sheet issued by the District Collector suffers from malice in law and is also found to be issued by an incompetent authority.

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In view thereof, the said charge-sheet dated 22/12/2020 issued by the District Collector, Dausa is quashed and set aside. The matter is left open for the Principal Secretary, Department of Local Self Government, Govt. of Rajasthan to examine the aspects raised by the petitioner who, without prejudice, shall examine the reply filed by the petitioner, all the aspects thereto and take a decision independently at his own level.

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The writ petition stands disposed of in the terms as aforesaid. No order as to costs. All pending applications also stand disposed of.”

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(3 of 3) [CW-304/2024]

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[2024:RJ-JD:8367]

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Following the reasoning given in the case of Surendra Kumar Meena (supra), the present writ petition is allowed.

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The order dated 26.12.2023 (Annexure-4) is, hereby, quashed and set aside.

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The respondents shall be free to initiate disciplinary proceedings in accordance with law, while issuing the chargesheet by competent authority.

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Stay application also stands disposed of, accordingly.

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(DINESH MEHTA),J

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166-Mak/-

Sharwan Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sharwan Ram v. State of Rajasthan

Case brief

What is this about?

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