DR. BRIJ BALLABH SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the writ petition is heard on final disposal at the admission stage itself.

(2.) The present writ petition has been filed challenging the initiation of disciplinary proceedings by memorandum of charges dtd. 10/3/2008 under Rule 17 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as "the Rules of 1958"), subsequent proceedings altering the proceedings under Rule 17 to Rule 16 of the Rules of 1958 and also the appointment of an enquiry officer by proceedings dtd. 1/5/2025.

(3.) The case of the petitioner is that the petitioner was working as an Assistant Public Prosecutor, Grade-I in the Court of the Additional Chief Judicial Magistrate, Aklera, Jhalawar. The duration of his work was from 13/7/1994 to 1/8/1995. It is alleged in the memorandum of charges, which is impugned, that the petitioner has committed misconduct on four counts: first, wrong mention of dates of filing of challan in the register; second, wrong mention of the date of disposal of the cases pending in the Courts; third, the dates of sending back the files were kept empty; and fourth, the annual verification of the pending and disposed of cases was not furnished. Those allegations relate to the act or omission done in maintaining the register which the office of the Assistant Public Prosecutor is required to maintain. The said initial proceedings were initiated in the year 2008, that too on the verge of retirement, by proceedings dtd. 10/3/2008 and the petitioner retired from service on 31/8/2010. Just before the retirement of the petitioner, a notice dtd. 5/5/2010 was issued proposing to alter the enquiry from Rule 17 to Rule 16 of the Rules of 1958. This conversion was based on the alleged perception of the disciplinary authority that the conduct alleged in the earlier memorandum of charges was of a grievous nature. Subsequently, by proceedings dtd. 1/5/2025, the enquiry officer was appointed.