SUBHASH CHANDRA MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BEING aggrieved by the rejection of his challenge to the order of his suspension and initiation of a disciplinary proceeding against him under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (for short, hereafter referred to as 'the Rules'), the writ petitioner is in appeal against the judgment and order dated 11.3.2014 passed in S.B.Civil Writ Petition No.2726/2014.

(2.) WE have heard Mr.Sanjeev Prakash Sharma, Senior Advocate assisted by Mr.Gaurav Sharma for the appellant/writ petitioner. The synopsis of the appellant/writ petitioner's pleaded case is that he is a member of the Scheduled Tribe category and belongs to Meena community. He had obtained a caste certificate to that effect on 9.11.2005 from Tehsildar, Jaipur and from the Office of the Assistant Collector and Additional District Magistrate, Jaipur on 17.7.1987. He was appointed to the post of Forest Guard in the Forest Department of the State, alongwith several others, vide order dated 11.3.1981. Thereafter, he rendered unblemished service over the years, and was eventually, promoted to the post of Assistant "Vanpal" by office order dated 26.3.2012. It was thereafter, that on 28.10.2013, he received a written communication from the Forest Conservator (Forest Animal), Jaipur and Primary Investigating Officer, whereby he was directed to present himself before the said authority on 11.11.2013 with his original caste certificate and the application submitted by him preceding his appointment in the department. Subsequent thereto, by order dated 17.1.2014, the appellant/writ petitioner was placed under suspension in contemplation of a disciplinary proceeding. It was thereafter, by the memorandum dated 21.1.2014, that the appellant/writ petitioner was intimated of the initiation of the said proceeding under Rule 16 of the Rules chiefly, on the charge that he had secured appointment in public service by producing a fabricated document representing himself to be of Meena community included in the Scheduled Caste, though in fact, he was a Brahmin. Being aggrieved, he sought to invoke the writ jurisdiction of this Court and having been unsuccessful, is in appeal.

(3.) <FV></FV>Mr.Sharma has urged that not only the charge levelled against the appellant/writ petitioner is unfounded, it discloses a pre -determined mind of the disciplinary authority to penalize him. According to the learned senior counsel, at this distant point of time, except relying on the certificate issued by the competent authority produced by him, to demonstrate that he belonged to the Meena community, it would be difficult for him to produce any other evidence to disprove the charge, and thus, the disciplinary proceeding, as a matter of fact, would be an useless formality. As the order of suspension has been passed in contemplation of the impugned disciplinary proceeding, in the attendant facts and circumstances, judicial intervention, to set at naught the impugned actions, is urgently warranted, he urged.