PRAVEEN KUMAR Vs. RAJASTHAN HIGH COURT

JUDGEMENT

(1.) Petitioner has filed this petition under Article 226 of the Constitution of India challenging order dated 15.11.2017 whereby he was removed from service.

(2.) Case of the petitioner, in brief, is that he was appointed as Additional District and Sessions Judge in the year 2013 in pursuance to his clearing the Rajasthan Judicial Service (District Judge Cadre) Examination. The petitioner had been earning good reports during the period of his service. On 24.01.2016, when the petitioner was posted as Special Judge, Special Court, ACD Cases No. 2, Jaipur, a complaint was lodged against him regarding outraging modesty of complainant Prerna Sharma. Charge sheet was issued to the petitioner under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as 'the Rules'). Petitioner submitted his reply to the charge sheet. Enquiry Officer vide enquiry report dated 29.08.2016 (Annexure-8) held that the charges levelled against the petitioner were not established. Thereafter, notice of disagreement dated 02.06.2017 was served to the petitioner under Rule 16(10A) of the Rules. The petitioner submitted his reply to the disagreement notice. However, the Full Court of this Court in a meeting held on 28.10.2017, resolved to reject the representation/reply submitted by the petitioner and held him guilty of all the charges framed against him. Petitioner was removed from service vide impugned order dated 15.11.2017. Hence, petitioner has filed the present writ petition being aggrieved against the order of his removal from service.

(3.) Respondent No. 1 in its written statement has admitted the factum of service tenure of the petitioner and the enquiry held against him in view of the complaint filed against him by Prerna Sharma. It has been prayed that the writ petition be dismissed as the impugned order had been passed after following due process of law.