Prema Ram Goliya S/O Kaloo Ram v. State of Rajasthan
2025-02-07
SAMEER JAIN
body2025
DigiLaw.ai
Order : 1. Learned counsel for the petitioners has submitted that pursuant to the advertisement dated 16.06.2022 issued by respondent- Rajasthan Staff Selection Board for the post of Physical Training Instructor, the petitioners have applied for the said post via Online portal. 2. It is further submitted that the petitioners have furnished the requisite documents including degree certificate, character certificate and others to the respondents. Thereafter, due selection process was carried out, and appointment letters were issued to the successful candidates-petitioners. 3. Furthermore, it is submitted that show cause notices (page 226) were issued to the petitioners during their probation period, wherein it is alleged by the respondents that the petitioners have provided false and erroneous information and the said information is not duly substantiated by the documents provided by them and it is also alleged that findings of enquiry committee reflects that documents submitted by the petitioners are incorrect. 4. Additionally, it is submitted that neither the documents which is relied upon by the respondents are provided to the petitioner nor Rule 16(6) and allied Rules of Rajasthan Civil Services (CCA), Rules, 1958 are complied with. 5. Lastly, it is submitted that the above said inquiries and show cause notices are issued without following the principle of natural justice which is violative of Article 14 of Constitution of India. In light of the above said, petitioners have approached this Court anticipating their termination. 6. Per contra, learned AAG representing State along with Mr.Sandeep Taneja, AAG and Mr. Nalin G. Narain have submitted that respondents have followed the due procedure of law. 7. It is further submitted that petitioners have no vested right as they are on probation, therefore, petitioners are committing gross fraud by filing the present petitions. 8. Considering the facts and circumstances and considering the arguments advanced by the learned counsel for the parties, this Court is of the opinion that an appropriate representation along with the requisite documents qua show cause notices be filed by the petitioners to adjudicate the factual issues in the show cause notices. Therefore, with the consent of respective sides, the petition is disposed of with the direction that the said representation filed by the petitioners be adjudicated expeditiously, by way of a speaking order, strictly in accordance with law, complying the principle of natural justice and after according opportunity of hearing to the petitioners. 9.
Therefore, with the consent of respective sides, the petition is disposed of with the direction that the said representation filed by the petitioners be adjudicated expeditiously, by way of a speaking order, strictly in accordance with law, complying the principle of natural justice and after according opportunity of hearing to the petitioners. 9. It is also directed that if a request is made for procurement of documents relied upon by the respondents, the said application be considered by the respondents, in accordance with law, complying the principle of natural justice. 10. Accordingly, the instant petitions are disposed of. Pending applications, if any, shall stand disposed of.