JAITDAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS appeal is directed against the judgment of learned Single Judge dated 26. 4. 2006 dismissing the appellant's writ petition seeking mandamus for staying the further proceedings in the departmental enquiry regarding the charges levelled in the memo of charge-sheet dated 12. 1. 06.

(3.) APPARENTLY, Rule 4 does not include that filing of the charge and the pendency of the criminal trial itself is misconduct. APPARENTLY, filing of the complaint and subsequent investigation and prosecution on that complaint are the acts which are not and which cannot be attributed to civil servant. Unless the disciplinary authority is satisfied about the fact that prima facie, act or omission attributed to Civil servants are substantiable that he can have recourse to disciplinary proceedings to hold enquiry into the alleged acts of commission or commission of the civil servant which may constitute misconduct. But mere fact of pendency of the trial by itself cannot be misconduct of the civil servant which can be enquired into.