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2014 DIGILAW 200 (RAJ)

Jasveer Kaur v. State of Rajasthan

2014-01-15

VINEET KOTHARI

body2014
JUDGMENT 1. - This batch of cases is being disposed of by this common order. 2. The facts are taken from SBCWP No.301/2011 - Smt. Jasveer Kaur v. State and ors . 3. The petitioners were working as Teachers in the respondent - Panchayat Samiti since 1990. Their services were terminated without holding any enquiry by the impugned order Annex.25 dated 4.1.2011. The said termination order was stayed by the coordinate bench of this Court while issuing the notices in the present writ petition vide order dated 11.1.2011 and the petitioners are thus still continuing in service as teachers. 4. Both the learned counsels submitted that in view of the judgment of Hon'ble Supreme Court in the case of Union of India v. Mohd. Ramzan Khan reported in AIR 1991 SC 471 , which has been followed by this Court in the case of Smt. Ramila Roat v. State of Rajasthan - SBCWP No.475/2012 decided on 1.5.2012 , the matter deserves to be disposed of with a direction to the respondents to supply a copy of the enquiry report to the petitioner and then proceed further in the matter. 5. The Hon'ble Supreme Court in the case of Union of India v. Mohd. Ramzan Khan (supra) held as under: "Disciplinary inquiry is quasi-judicial in nature. There is a charge and a denial followed by an inquiry at which evidence is led and assessment of the material before conclusion is reached. These facets do make the matter quasi-judicial and attract the principles of natural justice. With the Forty-Second Amendment, the delinquent officer is not associated with the disciplinary inquiry beyond the record of evidence and the submissions made on the basis of the material to assist the Inquiry Officer to come to his conclusions. In case his conclusions are kept away from the delinquent officer and the Inquiry Officer submits his; conclusions with or without recommendation as to punishment, the delinquent is precluded from knowing the contents thereof although such material is used against him by the disciplinary authority. The report is an adverse material if the Inquiry Officer records a finding of guilty and proposes a punishment so far as the delinquent is concerned. The report is an adverse material if the Inquiry Officer records a finding of guilty and proposes a punishment so far as the delinquent is concerned. In a quasi-judicial matter, if the delinquent is being deprived of knowledge of the material against him though the same is made available to the punishing authority in the matter of reaching his conclusion, rules of natural justice would be affected." 6. This Court following the aforesaid decision of the Hon'ble Supreme Court in the case of Ramila Roat (supra) held as under: "Accordingly, these petitions for writ are allowed. The orders impugned dated 3.1.2012 passed by the District Education Officer (Elementary Education), Dungarpur are hereby quashed. The respondents are directed to reinstate the petitioners in service with all consequential benefits. The respondents shall be at liberty to initiate and proceed with regular disciplinary proceedings against the petitioners as per the provisions of the Rules of 1958. The inquiry so conducted shall be concluded expeditiously as far as possible within a period of six months from today while holding inquiry the disciplinary authority shall ensure necessary compliance of the procedure given under Rule 16 of the Rules of 1958. The petitioners are directed to report to the disciplinary authority on 25.5.2012 enabling him to proceed against them for disciplinary action." 7. Accordingly, these writ petitions are disposed of in view of aforesaid two judgments and quashing the impugned order Annex.25 dated 4.1.2011, the matter is relegated back to the respondents to hold enquiry in accordance with after allowing the petitioner to file reply to the charge-sheet and then supply copy of the Enquiry Report, if any and then proceed further in the matter by passing appropriate orders. The petitioners are expected to cooperate in the enquiry proceedings. No order as to costs. A copy of this order be sent to the parties concerned forthwith.Petition Disposed of. *******