SANJAY SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition is filed for quashing the proceedings pursuant to the letter dtd. 6/12/2021 as also the charge-sheet dtd. 24/3/2020 with further prayer to restrain the respondents from initiating any enquiry against the petitioner pursuant to the charge-sheet dtd. 24/3/2020.

(2.) The facts in brief, as emerge from the writ petition, are that when the petitioner was posted as Constable in CID (I.B.) in Bharatpur Zone, a criminal case was registered against him under Sec. 7 of the Prevention of Corruption (Amendment) Act, 2018 and Sec. 384 IPC. After conducting a preliminary enquiry, he was served upon with a charge-sheet dtd. 24/3/2020 under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for brevity "the Rules of 1958") containing two charges. The Enquiry officer after conducting the enquiry, vide report dtd. 15/11/2021 found both the charges to be proved. Vide letter dtd. 6/12/2021, the petitioner was supplied with a copy of the enquiry report and was requested to submit his written explanation, if any, within fifteen days.

(3.) Learned counsel for the petitioner contended that since the charge-sheet dtd. 24/3/2020 and the FIR lodged against him are based on the same set of facts, the charge-sheet deserves to be quashed. He further submitted that the show cause notice dtd. 6/12/2021 reflects predetermined mind of the disciplinary authority to punish him as it records his satisfaction with the conclusion drawn by the Enquiry officer. He, therefore, prayed that the writ petition be allowed. Learned counsel relied upon judgment of this Court dtd. 5/4/2019 in case of Jagveer Singh v. Union of India and Ors., SB Civil Writ Petition No. 11459/2009 as also an interim order dtd. 20/11/2011 of this Court in SB Civil Writ Petition No. 12658/2021, Narendra Singh v. State of Rajasthan and Ors., in support of his submissions.