RAMESH CHAND SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this writ petition, the petitioner has assailed the legality and validity of the charge-sheet issued to him under Rule 16 of the Rajasthan Civil Services (Classification Control and Appeal) Rules, 1958 (for brevity, "the Rules of 1958") vide memorandum dtd. 2/9/2021.

(2.) The facts in brief are that an FIR No.383/2019 dtd. 19/12/2019 came to be registered against the petitioner, a Head Constable, under the provisions of Prevention of Corruption Act, 1988. Vide memo dtd. 2/9/2021, the petitioner has been served upon with the charge-sheet under Rule 16 of the Rules of 1958 containing seven charges against him, which is under challenge.

(3.) Learned counsel for the petitioner contended that since the FIR as well as charge-sheet under Rule 16 of the Rules of 1958 are based on same set of facts, the charge-sheet deserves to be quashed and set aside. Drawing attention of this Court towards the contents of FIR and the charge-sheet especially, charge No.6, learned counsel submitted that the same are based on same set of facts and hence, the writ petition be allowed and the charge-sheet be quashed. He relied upon some interim orders of this Court in cases of Satyanarayan Malav v. State of Rajasthan and Ors.: S.B. Civil Writ Petition No.9376/2021 dtd. 21/9/2021, Munnu Lal Maurya v. Food Corporation of India and Ors.: S.B. Civil Writ Petition No.11894/2021 dtd. 15/11/2021 and Narendra Singh v. State of Rajasthan and Ors.: S.B. Civil Writ Petition No.12658/2021 dtd. 20.11.2021, in support of his submission.