Rajasthan Civil Services Rules | Apprehension Of Inquiry Taking Long Time Not Ground To Ward Off Disciplinary Inquiry U/S 19: High Court

Rajasthan High Court has ruled that the possibility of disciplinary inquiry taking a long time could not be a reason to invoke Section 19(ii) of the Rajasthan Civil Services (Classification, Control and Appeals) Rules, 1958 and do away with the inquiry. The Court also observed that the apprehension of the employee influencing or tampering with the evidence reflected Department's lack of confidence in its own system.Rule 19 of the Rules provide that where the Disciplinary Authority was satisfied that it was not practicable to follow the procedure prescribed in the rules, including the procedure for imposing penalties, he/she can pass such orders as it deems fit after recording reasons in writing. The bench of Justice Dinesh Mehta was hearing a writ petition against the order of the Superintendent of Police wherein the petitioner who was employed as a constable was removed from services.The allegations against the petitioner were that while being a constable, he was escorting a vehicle containing narcotic substance and thus was conniving with the persons dealing with such substance. Based on the preliminary inquiry in this matter, the petitioner was removed from services invoking Rule 19 of the Rules. The counsel for the petitioner argued that there was no reason or justification with the Government to do away with the requirement of disciplinary inquiry as prescribed under the Rules. Furthermore, the investigating office had not even charge-sheeted the petitioner. On the contrary, it was submitted on behalf of the Government that being a constable, the petitioner was entrusted with the responsibility of curbing the menace of narcotics, instead, he was conniving with the dealers. Hence, in order to take a quick and effective action, the disciplinary authority dismissed the petitioner from services under Rule 19(ii) to send a strong message in the department. After hearing the contentions from both the sides, the Court highlighted that as per the impugned order, the reasons provided were that the disciplinary inquiry under the Rules was likely to take substantial time and there was a possibility of the petitioner tampering with the evidence and influencing the inquiry. In this background, the Court opined that the reasons recorded by the disciplinary authority were not relevant as required under Rule 19(ii) of the Rules and held that, “The possibility that the inquiry is likely to take substantial time, cannot be a reason to do away with the inquiry. That apart, respondents' apprehension that the petitioner would influence the inquiry and tamper with the evidence is reflective of respondent Department's Lack of confidence in its own system.”Furthermore, the Court observed that the chances of evidence tampering could have been mitigated by suspending the petitioner and opined that if there was such an apprehension, then the respondents should introspect their working. Hence, the Court held that if the reasons recorded in the SP order were upheld then the provisions relating to conduct of inquiry would be rendered purposeless. Accordingly, the Court set aside the order of the SP as well as the Appellate Authority, and the petitioner was ordered to be reinstated within 30 days and proceed in accordance with law. Title: Dinesh v the State of Rajasthan & Ors. Citation: 2024 LiveLaw (Raj) 373Click Here To Read/Download Order

Rajasthan Civil Services Rules | Apprehension Of Inquiry Taking Long Time Not Ground To Ward Off Disciplinary Inquiry U/S 19: High Court

Nupur Agrawal

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