DR. MOHAN LAL GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THE petitioner who is qualified to hold the post of Medical Officer was subjected to process of selection and thereafter his appointment order was issued on 02.12.1996 certifying as under: ...[VERNACULAR TEXT COMITTED]...

(3.) LEARNED Counsel for the petitioner submitted that the petitioner was duly selected in the selection process under the Rajasthan Medical and Health Services Rules, 1963 (for short 'the Rules of 1963') with the approval of the Department of Personnel which is apparent from Annex. P/1. It is submitted that a person, may he be on ad hoc basis or temporary basis, can be removed in accordance with the Rules and by following the principles of natural justice. It is submitted that mere allegation of any nature itself cannot be a ground to end services of the person who is qualified and selected by the process of selection along with number of persons. It is also submitted that as per Rule 19 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short 'the Rules of 1958'), a person can be removed from service in case when because of the conduct of the employee, led his conviction on the criminal charge. In this case, admittedly, the impugned order dt. 30.01.2009 was passed without following the principles of the natural justice and is contrary to the Rules referred above.