Court Orders Reinstatement of Petitioners, Highlighting Breach of Natural Justice and Procedural Fairness
In a landmark judgment delivered on January 7, 2026, the Rajasthan High Court (Jaipur Bench), presided over by Justice Anand Sharma, has set aside the dismissal orders of police personnel in the case of Mohan Singh v. State of Rajasthan. The court found the dismissals, executed without a regular departmental inquiry under Rule 19 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958, to be arbitrary and in violation of the principles of natural justice.
The petitioners, who served as Head Constables and Constables, were dismissed following allegations that they allowed two accused persons to escape from custody while transporting them to Gurgaon, Haryana. The dismissals were based solely on a preliminary inquiry, which the court deemed insufficient for such severe disciplinary action.
Justice Sharma emphasized that the mere nature of the accused's offense, which included charges of loot, was not a valid reason to bypass a formal inquiry. The judgment underscored the constitutional rights of the petitioners to defend themselves through a proper inquiry process, which the authorities unjustly denied.
The court criticized the Appellate Authority for failing to duly consider the grounds of appeal, as mandated by Rule 30 of the 1958 Rules. The dismissal of the appeal was deemed mechanical, lacking a comprehensive assessment of the petitioners' arguments.
Citing previous rulings, including the case of Naresh Pal Devaniya v. State of Rajasthan, the court reinforced the necessity for a disciplinary authority to avoid prejudging cases without a fair trial. The decision aligns with the Supreme Court's stance on safeguarding constitutional rights against arbitrary actions by authorities.
As a result, the Rajasthan High Court ordered the reinstatement of the petitioners with continuity of service. However, actual monetary benefits for the period between their dismissal and reinstatement were denied, with only notional benefits granted.
The judgment allows the government to initiate a regular inquiry if deemed necessary, ensuring adherence to procedural fairness in disciplinary proceedings. This decision reaffirms the judiciary's commitment to upholding justice and procedural integrity within the civil services.
Bottom Line:
Dismissal from service without conducting a regular departmental inquiry under Rule 19 of Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958, held arbitrary and illegal. Principles of natural justice require a delinquent to be given the opportunity to defend through regular inquiry.
Statutory provision(s):
- Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 - Rule 19, Rule 30
- Article 311 of the Constitution of India
Mohan Singh v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc Id # 2837934
