Title: Badri Ram vs State of Rajasthan
Citation: S.B Civil Writ Petition No. 14681/2019
Coram: Justice Dinesh Mehta
Decided on: 14-03-2023.
Introduction:
The petitioner is aggrieved by the order dated 23.09.2019, issued by the Deputy Commissioner, Headquarters and Traffic, Jodhpur, resulting in the petitioner’s removal from services. In response to this, the petitioner has sought remedy through the writ jurisdiction of the Court.
Facts:
The petitioner applied for the position of Constable (General) in May/June 2018, received an appointment order on 26.09.2018, and joined on 29.09.2018. Subsequently, a complaint was filed against him by his erstwhile wife, leading to his removal from government services on 01.08.2018 under Rule 19(2) of the Rajasthan Civil Services Rules. The petitioner argued the order was illegal, lacked notice or hearing, and the criminal case resulted in acquittal. The court found a violation of natural justice, emphasizing the principle of “audi alterem partem.” It ruled in favour of the petitioner, highlighting the absence of justification for dismissal in light of the acquittal and the infringement of fundamental rights under Articles 14 and 16. The court declared the order illegal, arbitrary, and without jurisdiction, emphasizing the petitioner’s acquittal as a crucial factor.
Judgement analysis:
In the given case, the petitioner faced removal from government services based on an FIR filed against him by his wife. The court emphasized the petitioner’s clear acquittal, stating it was not due to compromise but lack of evidence. Drawing a distinction from precedent cases, where convictions and false declarations were crucial, the court ruled in favour of the petitioner, quashing the removal order dated 23.09.2019.
The judgment highlighted that the petitioner had disclosed the FIR during character verification, and the respondents, aware of the situation, allowed him to join. The court ordered the petitioner’s continued service from the joining date (29.09.2018) and directed the respondents to confirm/regularize his service within two years, considering the quashing of the 2019 order. The petitioner was entitled to arrears, with a deadline for payment by 30.09.2023, and granted the right to claim interest if delayed. Additionally, the petitioner could seek the cost of litigation from the respondents, and all pending applications were disposed of.
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Written By: Gauri Joshi
