Dismissed

State of Rajasthan v. Kedarnath Sharma S/O Shri Ramji Lal Sharma (at Present Teacher Terminated)

Rajasthan HC7 Apr 2025SAW/581/2024

Case brief

AI extract

What is this about?

Special Bench dismissed the special appeal, upholding the Single Judge's view that an enquiry under Rule 86 of Rajasthan Service Rules was mandatory due to allegations of long unauthorized absence constituting misconduct before removal could be imposed.

What did the court decide?

The appeal and pending application are dismissed.

State of Rajasthan Vs Kedarnath Sharma S/O… — Pension and Retirement Benefits | Rajasthan HC (2025)

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[2025:RJ-JP:15348-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Special Appeal Writ No. 581/2024

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State Of Rajasthan, Through Secretary (Elementary Education), Government Of Rajasthan, Jaipur.

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Commissioner (Elementary Education), Rajasthan, Bikaner, Rajasthan.

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Collector, Dholpur, Rajasthan. 4. Deputy Director Education (Elementary Education), Jaipur Division, Jaipur.

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District Education Officer (Elementary Education), Dholpur (Rajasthan).

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Block Elementary Education Officer, Panchayat Samiti Dholpur, Rajasthan.

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Head Master, Government Primary School Maloni Pamar, Post Maloni Pamar, District Dholpur, Rajasthan.

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Chief Executive Officer Cum Secretary To The Zila Parishad, Dholpur, District Dholpur (Rajasthan). ----Appellants

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Versus

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Kedarnath Sharma S/o Shri Ramji Lal Sharma (At Present Teacher Terminated), R/o Village Kasgunj, Post Malonipamar, District Dholpur, Rajasthan.

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Shri Hakimsingh, Teacher Government Primary School, Dadhaki, Panchayat Samiti District Dholpur (Rajasthan).

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----Respondents

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For Appellant(s) : Mr. BS Chhaba, AAG assisted by Mr. Hardik Singh For Respondent(s) :

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HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ANAND SHARMA

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Order

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07/04/2025

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Though number of grounds have been urged by learned State Counsel to assail the correctness and validity of order

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[2025:RJ-JP:15348-DB]

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[SAW-581/2024]

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(2 of 2)

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passed by learned Single Judge, we are in accord with the view taken by learned Single Judge that allegation of long unauthorized absence constitutes misconduct and in view of provisions contained in Rule 86 of Rajasthan Service Rules, an enquiry was required to be held before imposing the penalty of removal from service. Learned Single Judge has directly placed reliance upon the decisions in the cases of Dinesh Chandra Sharma Vs. State of Rajasthan & Ors., 1990(2) RLR 714, Chetan Singh Vs. State of Rajasthan, 1977(1) SLR, 504, Smt. Ram Kumari Anwara Vs. State of Rajasthan & Anr.(S.B. Civil Writ Petition No.1122/2001) and Tribhuvan Vallabh Joshi Vs. State of Rajasthan & Ors.(S.B. Civil Writ Petition No.877/2007), which lay down a certain legal position applicable to the admitted facts and circumstances of the present case. 2. There is no scope of the appeal. The appeal is, accordingly, dismissed. Pending application, if any, also stands dismissed.

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(ANAND SHARMA),J

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(MANINDRA MOHAN SHRIVASTAVA),CJ

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KAMLESH KUMAR-RAHUL/10

State of Rajasthan v. Kedarnath Sharma S/O Shri Ramji Lal Sharma (at Present Teacher Terminated)

Case brief

What is this about?

What did the court decide?

State of Rajasthan v. Kedarnath Sharma S/O Shri Ramji Lal Sharma (at Present Teacher Terminated)

Case brief

What is this about?

What did the court decide?

What the court decided

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