1 S.B.CIVIL WRIT PETITION NO.7354/2007 Navneet Kumar Choubisa Vs. State of Raj. & Ors. Date of Order :: 24.7.2008 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. Sandeep Shah, for the petitioner. ... By this petition for writ a challenge is given to the order dated 25.10.2007 removing the petitioner from service on the count that the petitioner suffered a trial for the charges punishable under Sections 498- A and 304-B of the IPC. The petitioner, a lower division clerk, entered in the services of the respondents under an order dated 23.7.2002. After facing regular trial for the offences punishable under Section 498-A and 304-B IPC he was acquitted by competent court vide judgment dated 6.10.2007. After acquittal the District Education Officer passed the order impugned dated 25.10.2007 removing the petitioner from service. Before removing the petitioner from service no inquiry as prescribed under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 was conducted. The order impugned is absolutely in violation of the mandatory provisions of the Rules of 1958 and also in violation of the principles of natural justice. The penalty of removal is major penalty as prescribed under Rule 14 of the Rules of 1958 and that could not have been imposed without adhering the procedure prescribed 2 under Rule 16 of the Rules of 1958. The order impugned, therefore, deserves to be quashed. Accordingly, this petition for writ is allowed. The order impugned dated 25.10.2007 passed by the District Education Officer (Elementary I), Udaipur is hereby quashed. The petitioner is declared entitled to be reinstated in service with all consequential benefits. (GOVIND MATHUR), J. Jgoyal '