SANGRAM SINGH Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) By this petition under Art. 226 of the Constitution of India, the petitioner seeks quashing of the Memos of charges (Charge-sheets) served upon him.

(2.) The only ground canvassed by the learned counsel is that in absence of preliminary enquiry the disciplinary authority could not have legitimately charge-sheeted the petitioner or formulated statement of allegations. By four different Memos which are being challenged has been informed of the charges against him and his explanation has been asked for and also to state "why disciplinary action should not be taken against him." From the averments made in the petition it does not appear that the petitioner has submitted any explanation to the allegations of charges and it also does not appear that the disciplinary authority has decided to conduct formal/regular departmental enquiry into the charges. Thus, the petitioner has approached this Court at the initial stage without waiting for decision of the disciplinary authority even.

(3.) The charge-sheet dated 6th Aug., 1997 relates to the proposed enquiry under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short the CCA Rules), in which four charges of misconduct/delinquency have been stated. These charges relate to the period from April 1, 1992 to Aug. 19, 1993 when petitioner was working as Sub-Registrar, Bassi. A bare perusal of first three charges would go to show that they relate to dereliction of duty and thereby causing huge revenue loss to State Government which runs in lacs of rupees. On the very face, charges are of serious misconduct.