PUKHRAJ Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) Heard and perused the material available on record.

(2.) By way of the instant writ petition, the petitioner has approached this Court assailing the legality and validity of the order Annex. 6 dated 18.5.2015 whereby, the petitioner was terminated from service on the ground of his conviction in a criminal case involving offences under the Prevention of Corruption Act by resorting to Rule 19(1) of Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958.

(3.) Learned counsel for the petitioner argued that as per the Proviso to Rule 19(1) of the CCA Rules, before an order terminating the services of an employee can be passed by resorting to the said provision, consultation with the Commission is mandatory. He stressed upon the fact that admittedly no consultation was made with the Commission before passing the impugned order as required by the aforesaid Proviso and thus, the impugned order is bad in the eye of law and deserves to be quashed.