SAWAI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE only point involved in this writ petition under Article 226 of the Constitution of India is whether the disciplinary authority concerned who tentatively decided to impose the punishment of removal from service under r. 14 (vi) of the Rajasthan Civil Services (Classification, Control and Appeal) Rules 1958 (for short 'the Rules' (could impose the graver punishment of dismissal from service under r. 14 (vii) of the Rules at the time of the final orders.

(2.) THE facts necessary for determining the aforesaid question may succinctly be stated:

(3.) A similar question arose before a Division Bench of the Orissa High Court in Dayanidhi Rath vs. B. S. Mohanty (1 ). The Division Bench observed as under: "there can be no strict compliance with cl. (2) of Art. 311 (unless the penalty that is eventually passed is either the same, or lesser in degree than that which was proposed to be passed against a civil servant. " As there was contravention of mandatory provisions of Art 311 (2) of the Constitution in consequence of which the order of dismissal was held void and inoperative.