SHANKAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the petitioner. In this writ petition, the petitioner has prayed for quashing the impugned show cause notice dt. 14.12.2012 (Annex. 4) issued by the respondent No. 2 while disagreeing with the enquiry report given by the Inquiry Officer In the Departmental Enquiry.

(2.) THE main contention of learned counsel for the petitioner is that enquiry Officer after taking into consideration entire evidence produced before him exonerated the petitioner but the disciplinary Authority while giving reasons for disagreement issued show cause notice to the petitioner but bare perusal of the notice, it will reveal that the disciplinary Authority observed that misconduct is proved whereas before taking reply from the petitioner upon the reasons of disagreement no such conclusion can be made or any finding can be given by the disciplinary Authority but illegally issued show cause notice while giving reasons for disagreement with the enquiry report, the disciplinary Authority illegally observed in the notice that the misconduct is proved, which is against the basis principles of law, therefore, show cause notice dt. 14.12.2012 may be quashed.

(3.) AFTER hearing learned counsel for the petitioner, I am in agreement with the learned counsel for the petitioner that at the time of issuing notice to show cause after disagreement with the Enquiry Report, the disciplinary authority is not required to give observation that he is satisfied with the evidence that misconduct is proved. The disciplinary authority is required to apply its mind after taking reply from the delinquent but in this case, it has wrongly been observed that misconduct is proved. Therefore, I deem it appropriate to disposed of this writ petition with liberty to the petitioner to file reply to the show cause notice and apprise all the grounds upon which the enquiry officer exonerated him and upon filing the said reply, it is expected from the disciplinary authority that he will consider those grounds objectively with free mind and pass appropriate order on the basis of the ground taken by the petitioner in the reply to discredit the reasons of disagreement given by him in the show cause notice. The petitioner may file reply with fifteen days from the date of receipt of certified copy of this order and disciplinary authority is directed to decide the same within a period of one month thereafter. The writ petition is disposed of in above terms.