JAWARHARLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This civil writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

(2.) Brief facts of the case, as placed before this Court by learned counsel for the petitioner, are that the petitioner, after successfully completing the training for a period of 45 days from 1/12/2016 to 14/1/2017 at Ghadsana, was appointed vide order dtd. 1/2/2017 as Border Home Guard. The petitioner was however, discharged from service vide order dtd. 14/2/2017 in pursuance of the letter dtd. 2/2/2017; the petitioner being aggrieved by the said order preferred a writ petition, registered as S.B. Civil Writ Petition No.5483/2017, which, vide order dtd. 15/1/2018 passed by this Court, was allowed, while quashing and setting aside the discharge order dtd. 14/2/2017, with liberty to the respondents to initiate a fresh enquiry and pass orders afresh within three months thereafter, strictly in accordance with law.

(3.) Learned counsel for the petitioner submitted that the respondents have not supplied the copies of statements of witnesses, as also did not give the opportunity of cross- examination of the witnesses to the petitioner, and therefore, the enquiry has not been conducted in a fair and impartial manner, thereby violated the principles of natural justice.