1 S.B.CIVIL WRIT PETITION NO.5825/2007 Laxmi Lal v. State of Rajasthan & Ors. Date of Order :: 27 th May, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. Girish Sankhla, for the petitioner. Mr. M.A.Siddiqui, for the respondents. .... The petitioner, an Assistant with respondent Shri Sawaliaji Temple Board, by this petition for writ is assailing validity, propriety and correctness of the order dated 25.6.2007 passed by the disciplinary authority imposing a penalty of dismissal from service after holding an inquiry as per the provisions of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (hereinafter referred to as “the Rules of 1958”) being adopted by the respondent Board. In brief, facts of the case are that a memorandum dated 20.9.2006 as per the provisions of Rule 16 of the Rules of 1958 was served upon the petitioner with a charge that on 24.7.2006 while assorting money from donors box a sum of Rs.7100/- was stolen by the petitioner and that amounts a serious misconduct. Shri Dinesh Chandra Vyas, Assistant 2 Engineer was appointed as inquiry officer and he submitted his report of inquiry to the disciplinary authority on 20.9.2006. Under a communication dated 8.2.2007 the disciplinary authority i.e. the Chief Executive Officer of the respondent Board called for the petitioner's explanation and comments relating to the report given by the inquiry officer. The petitioner submitted a representation with assertion that no inquiry as per the provisions of Rule 16 of the Rules of 1958 was conducted, as much as no witness was examined in his presence and he was also not permitted to cross examine the prosecution witnesses. The disciplinary authority by order impugned dated 25.6.2007 held the petitioner guilty for the misconduct alleged and imposed a penalty of dismissal from service. While assailing validity of the order impugned the contention of counsel for the petitioner is that no inquiry as per the provisions of Rule 16 of the Rules of 1958 was at all conducted by the respondents and that makes the order bad. On 22.4.2008, this Court directed the respondents to make available the entire record of the disciplinary proceedings for perusal and examination, accordingly, the same is shown today. From perusal of the record, it appears that the inquiry officer did not choose to maintain the order sheets of the inquiry 3 proceedings, no copy of the notice summoning witnesses were kept and also no document was exhibited during the court of inquiry. The statements of Shri Bhagwanlal Chaturvedi, Shri Ganpat Singh, Shri Hajari Das and Shri Satyanarain Sharma were recorded by the inquiry officer as prosecution witnesses. The statements of all the persons named above were recorded in absence of the petitioner. From record it also reveals that no opportunity was given to the petitioner to cross examine the prosecution witnesses. As a matter of fact, what appears from perusal of the record that the inquiry officer conducted the inquiry in the manner as if he was holding the preliminary inquiry and not the regular disciplinary proceedings. The entire inquiry is conducted in most haphazard manner and even without maintaining the order sheets. The report of the inquiry officer is also absolutely non-speaking and unreasoned. The inquiry officer in his report just referred the statements given by the prosecution witnesses and the statement of delinquent employee but has not discussed the implication of the same. The gross violation of principles of natural justice and also the procedure prescribed under Rule 16 of the Rules of 1958 is apparent from perusal of the original record. In view of it, this petition for writ deserves acceptance and, therefore, the same is allowed. The order impugned dated 25.6.2007 passed by 4 the disciplinary authority i.e. the Chief Executive Officer of the respondent Board is quashed. It is open for the respondents to hold the inquiry afresh as per the provisions of Rule 16 of the Rules of 1958 by affording adequate opportunity to the petitioner to defend himself. ( GOVIND MATHUR ),J. Kkm/ps.