CHUNNI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD at admission stage.

(2.) THE instant petition has been filed by the petitioner with the prayer that the order dtd. 15. 10. 2005 (Annex. P/1) may kindly be quashed and set aside and the petitioner be reinstated in service.

(3.) THAT for the purpose of present controversy Article 311 (2) (a) of the Constitution of India is relevant which reads as under:- "art. 311 (1 ). . . . . (2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty imposed. Provided further that this clause shall not apply- Where a person is dismissed or removed or reduced in rank on the ground of conduct which had led to his conviction on a criminal charge; or. . . "