SHAMBHU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant petition has been filed by the petitioner with the prayer that the order dated 1. 11. 2000 (Annex.-1) may kindly be quashed and set-aside and the petitioner may be ordered to be reinstated.

(2.) BRIEF facts of the present writ petition are that the petitioner was working as Beldar in PHED, Salumber since 6. 3. 1991 and from 28. 6. 1997 he was declared Semi-Permanent in pay-scale of Rs. 800-1250/ -.

(3.) THE services of the petitioner have been terminated on account of his conviction in the criminal case while resorting to the provisions of the Rule 19 of the Rajasthan Civil Service (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as `the Rules of 1958' ). Rule 19 of the Rules of 1958 clearly provides that notwithstanding anything contained in Rules 16, 17 and 18, the services of a Government employee shall be terminated on his conviction by the competent criminal court. While resorting to Rule 19 of the Rules of 1958 the procedure as laid down under Rules 16, 17 and 18 of the Rules of 1958 is not required to be followed. Even in the cases where the services are terminated on account of conviction by the competent criminal court the provisions of Article 311 (2) shall not apply.