RAVINDRA MALIK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has assailed the order dtd. 20/6/2019, whereby the Superintendent of Police, District Kota has passed an order dismissing him from service by taking recourse to Rule 19(2) of the Rajasthan Civil Services (Classification, Control and Appeal), Rules, 1958 (in short "the Rules of 1958").

(2.) Learned counsel appearing for the petitioner submits that there was no attending circumstances which would have allowed the respondents to have initiated proceedings under Rule 19 of the Rules of 1958. It is further submitted that merely because certain cases have been registered against the petitioner under the various Sec. of IPC, it cannot be said that petitioner would not be available for departmental proceedings. Learned counsel relies on the judgment passed by this court in Satyendra Singh v. State of Rajasthan and Ors., reported in 2017 (2) WLN 603 (Raj.) to submit that power in terms of Rule 19(2) of the Rules of 1958 cannot be exercised casually.

(3.) Learned counsel submits that petitioner had already been granted bail by this court in criminal case and the petitioner ought to be given a chance to defend himself in the departmental proceedings.