SATYANARAYAN SARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties. The present writ petition has been filed against the order dtd. 22/7/2022 passed by the Superintendent of Police, Churu, whereby the petitioner has been dismissed from service. Briefly, the facts necessary to be noted in the present writ petition for disposal of the present writ petition are that the petitioner was serving as 'Constable' in the respondentDepartment and while discharging his duties on 19/7/2022, an incident took place, wherein the petitioner alleged to have pointed gun on his Superiors. The petitioner was placed under suspension vide order dtd. 20/7/2022 and, thereafter, an order was passed by the respondent on 22/7/2022, whereby the petitioner was dismissed from service. Against the order dtd. 22/7/2022, the petitioner preferred an appeal before the Inspector General of Police, Bikaner Range, Bikaner but the same too has been dismissed vide order dtd. 28/12/2022. Hence, the present writ petition has been filed.

(2.) Learned counsel for the petitioner submits that the petitioner has been dismissed from service without holding any inquiry. The reasons for dispensing with the inquiry given in the order impugned dtd. 22/7/2022, on the face of it, are not sustainable and it can be presumed that without a reasonable cause and without any foundation of the fact that the petitioner may murder the witnesses, the order impugned has been passed under Rule 19(ii) of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (hereinafter referred as "the Rules of 1958") dispensing with the inquiry and straightaway passed an order of dismissal against the petitioner. Learned counsel further submits that by passing such order, the petitioner has been dismissed from service without extending a reasonable opportunity of hearing which is in gross violation of principle of natural justice.

(3.) In support of the contention, learned counsel for the petitioner relies upon a judgment rendered by this Court in the case of Bhinya Ram V/s State of Rajasthan (S.B. Civil Writ Petition No.5669/2021) decided on 23/5/2022 and the order of the Division Bench of this Court passed in D.B. Special Appeal Writ No.848/2022 (State of Rajasthan & Ors. V/s. Bhinya Ram) decided on 5/4/2023. He, therefore, prays that the present writ petition may be allowed and the order impugned dtd. 22/7/2022 as well as the order dtd. 28/12/2022 may be quashed and set aside.