Rajasthan High Court - Jodhpur
Uda Ram vs The State Of Rajasthan ... on 22 August, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:37699]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15971/2025
Uda Ram S/o Jag Ram, Aged About 39 Years, Ranodar, Jalore.
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary,
Department Of Education, Government Of Rajasthan,
Jaipur.
2. The Director, Secondary Education, Bikaner.
----Respondents
For Petitioner(s) : Mr. Sushil Solanki
For Respondent(s) : -
HON'BLE MS. JUSTICE REKHA BORANA
Order 22/08/2025
1. The present writ petition has been filed against order dated 19.05.2025 (Annexure-3) whereby the petitioner has been dismissed from service by the disciplinary Authority while exercising the powers in terms of Rule 19(ii) of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred as Rules of 1958).
2. Learned counsel for the petitioner submits that the disciplinary Authority exercised its power in terms of Rule 19 (ii) of the Rules of 1958 for the sole reason that the charges leveled against the petitioner were grave in nature.
3. Learned counsel submits that as held in Lakha Ram Vs. State of Rajasthan & Ors.; S.B. Civil Writ Petition No.12858/2015 (decided on 20.02.2018), the sole reason of the charges being grave in nature cannot be the ground to dispense (Downloaded on 26/08/2025 at 07:09:36 PM) [2025:RJ-JD:37699] (2 of 4) [CW-15971/2025] with the inquiry in terms of Rules 16, 17 & 18 of the Rules of 1958.
4. Learned counsel further submits that the disciplinary Authority while exercising the power did not record any reason as to why it was not practicable to follow the procedure prescribed under Rules 16, 17 & 18 of the Rules of 1958.
5. Learned counsel further submits that the action of the disciplinary Authority is even in contravention to Article 311 (d) of the Constitution of India.
6. Heard the counsel. Perused the record.
7. Rule 19 of the Rules of 1958 provides as under:
"19. Special procedure in certain cases.
Notwithstanding anything contained in Rules 16, 17 and 18,
(i) where a penalty is imposed on a Government Servant on the ground of conduct which has led to his conviction on a criminal charge; or
(ii) where the Disciplinary Authority is satisfied for reasons to be recorded in writing that it is not reasonably practicable to follow the procedure prescribed in the said rules; or
(iii) where the Governor is satisfied that in the interest of the security of the State, it is not expedient to follow such procedure the Disciplinary Authority may consider the circumstances of the case and pass such orders as it deems fit.
Provided that the Commission shall be consulted before passing such orders in any case in which such consultation is necessary."
8. A bare perusal of the above Rule makes it clear that a disciplinary Authority is empowered to dispense with the (Downloaded on 26/08/2025 at 07:09:36 PM) [2025:RJ-JD:37699] (3 of 4) [CW-15971/2025] procedure prescribed under Rules 16, 17 and 18 of the Rules of 1958 where it is reasonably not practicable to follow the procedure prescribed under the said Rules. The only requirement prescribed under Rule 19(ii) of the Rules of 1958 is that the satisfaction and the reasons have to be recorded in writing.
9. Coming on to the present order impugned, the reasons as recorded by the disciplinary authority are as under:
"vkjksih Jh mnkjke fo"uksbZ ds fo:) fuajrj NksVs varjky esa ,sls izdj.k ntZ gq, gSa ,oa vkjksih udy ekfQ;k ds :i esa izdV gqvk gSA mDr vkijkf/kd izdj.kksa esa lafyIrrk ds dkj.k vkjksih fuajrj गिरफ्तार gksdj iqfyl vfHkj{kk ,oa U;kf;d vfHkj{kk esa fu:) jgk gS ,oa ,slh ifjfLFkfr;ksa esa mDr xaHkhj vkjksih ds fo:) jktLFkku vlSfud lsok,sa ¼oxhZdj.k] fu;a=.k ,oa vihy½ fu;e 1958 ds fu;e 16 ds rgr~ fu/kkZfjr izfØ;k dk ikyu djuk ,oa foLr`r tkap fd;k tkuk O;kogkfjd :i ls laHko ugha gks ik jgk gSA v/kksgLrk{kjdrkZ mijksDr foospu ds vk/kkj ij larq'V gwa ,oa bl fu'd'kZ ij igwapk gwa fd Jh mnkjke fo"uksbZ] ¼fuya½ O;k[;krk ¼jktuhfr foKku½ ds fo:) lhlh, fu;e lhlh,&16 ds vUrxZr fu/kkZfjr izfØ;k dk ikyu djuk ,oa foLr`r tkap fd;k tkuk lk/; ugha gSA ,sls xaHkhj nqjkpj.k ds ekeyksa esa izdj.k jktLFkku flfoy lsok,a ¼oxhZdj.k] fu;a=.k ,oa vihy½ fu;e 1958 ds fu;e 19 ¼ii½ ds rgr~ dk;Zokgh fd;s tkus ;ksX; gSA jktLFkku flfoy lsok,a ¼oxhZdj.k] fu;a=.k ,oa vihy½ fu;e 1958 ds fu;e 19 ¼ ii½ vuqlkj lhlh, fu;e 16] 17 rFkk 18 esa fufgr izfØ;k dk vuqlj.k djuk ;qfDr;qDr :i ls lk/; ugha gSA xaHkhj nqjkpj.k ds ekeyksa esa dkfeZd dks fcuk lqus ,d i{kh; fu.kZ; tkjh fd;k tk ldrk gSA vr% jktLFkku vlSfud lsaok,sa ¼oxhZdj.k] fu;a=.k ,oa vihy½ fu;e 1958 ds fu;e 19 ¼ ii½ ds rgr~ vkjksih Jh mnkjke fo"uksbZ ds fo:) fcuk fu/kkZfjr izfØ;k dk ikyu djrs gq, dk;Zokgh fd;k tkuk visf{kr ,oa okaNuh; gSA"
10. A bare perusal of the above reason as recorded by the disciplinary Authority clarifies that because of the petitioner being in police custody and subsequently in judicial custody, the inquiry in terms of Rule 16 of the Rules of 1958 had become reasonably (Downloaded on 26/08/2025 at 07:09:36 PM) [2025:RJ-JD:37699] (4 of 4) [CW-15971/2025] impracticable and hence the power in terms of Rule 19(ii) of the Rules of 1958 was exercised by him.
11. So far as the judgment in Lakha Ram (supra) is concerned, it is evident that the disciplinary Authority therein did not even whisper as to why the right in terms of Rule 19(ii) of the Rules of 1958 was exercised by him. In those circumstances, the Court held that the gravity of charges alone cannot be a reason to dispense with the prescribed procedure.
12. This Court is of the clear opinion that herein, the disciplinary Authority has recorded a specific reason as to why the procedure prescribed could not be adopted and as to why it has been reasonably impracticable to follow the said procedure.
13. It is not the case of the petitioner that the authority is not competent to pass the order impugned.
14. In view of the above observations, no case for interference is made out.
15. The writ petition stands dismissed.
16. The stay petition and pending applications, if any, stand disposed of.
(REKHA BORANA),J 16-Arjun/-
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