SUMITRA BISHNOI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the Memorandum of Charge Sheet dtd. 18/11/2021 (Annex.2) and the notice dtd. 15/11/2021 (Annex.1), whereby the petitioner has been issued charge sheet under Rule 17 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 ('Rules of 1958') and the petitioner has been called upon to take steps in terms of indications made in the communication dtd. 15/11/2021 respectively.

(2.) It is, inter-alia, indicated in the writ petition that the petitioner was appointed in the Rajasthan Tehsildar Services after undergoing the requisite competition and was posted as Nayab Tehsildar. It is indicated that the appointing authority of the petitioner is the Board of Revenue in terms of Rule 3(a) of the Rajasthan Tehsildars Service Rules, 1956 ('Rules of 1956'). The petitioner was posted as Sub-Registrar, Hanumangarh and was on privilege leave from 3/11/2021 to 21/11/2021 and was accorded the additional charge of Teshildar (Revenue), Hanumangarh on 8/11/2021. On 15/11/2021, notice (Annex.1) was given to the petitioner with regard to the task expected to be performed by her. Whereafter, on 18/11/2021, she was issued the statement of allegations under Rule 17 of the Rules of 1958 indicating six charges.

(3.) Submissions have been made that the charges levelled against the petitioner vide charge sheet are baseless. Further, challenge has been laid to the charge sheet dtd. 18/11/2021 (Annex.2) issued by the Electoral Registration Officer and S.D.O., Hanumangarh on the ground that he had no jurisdiction to issue the charge sheet, as charge sheet under Rule 13 of the Rules of 1958, could only be issued by the appointing authority, who under Rule 3(a) of the Rules of 1956, is the Board of Revenue and, therefore, the charge sheet having been issued by the incompetent authority, it is submitted that the charge sheet deserves to be quashed and set aside.