Only Chief Secretary/ Administrative Reforms Dept Can Direct Joint Inquiry Against Delinquents From Different Departments: Rajasthan HC
2 months ago

Only Chief Secretary/ Administrative Reforms Dept Can Direct Joint Inquiry Against Delinquents From Different Departments: Rajasthan HC

Live Law  

In a case where two officers governed by two different departments and disciplinary authorities are booked by only one taking disciplinary action, the Jodhpur bench of the Rajasthan High Court said that in such a case only the Chief Secretary/competent authority of Administrative Reforms and Coordination Department can direct a joint inquiry under the relevant rules. For context, Rule 18 of Rajasthan Civil Services Rules provides for a joint inquiry–where two or more Government Servants are concerned in any case, the Government or any other authority competent to impose the penalty of dismissal from service on all such Government Servants may make an order directing that disciplinary action against all of them may be taken in a common proceedings. In the cases like the one in hands, when two delinquents whose disciplinary authorities are officers or Secretaries of different departments, then, it is the Chief Secretary or other competatnt authority of the Administrative Reforms and Coordination Department alone, who can pass an order under Rule 18 of CCA Rules, 1958" The court further hastened to add that the manner in which the "simple chargesheet" was issued in the present case was not sufficient. It further said that the petitioner's disciplinary authority in the Finance Department shall be free to recommend disciplinary proceedings against the petitioner or the Chief Secretary or the Secretary in-charge of the Administrative Reforms and Co-ordination Department shall suo-motu pass an order under Rule 18 of the CCA Rules, 1958, appointing common disciplinary authority.

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History of this topic

Court Cannot Act As Disciplinary Authority To Decide Correctness Of Allegations Against Delinquent Employee: Rajasthan HC
1 week, 2 days ago

Court Cannot Act As Disciplinary Authority To Decide Correctness Of Allegations Against Delinquent Employee: Rajasthan HC

Live Law  

Rajasthan High Court has ruled that a writ petition does not ordinarily lie against a charge-sheet issued in disciplinary proceedings unless it was established that the same was issued by an authority that was not competent to initiate the disciplinary proceedings. The bench of Justice Anoop Kumar Dhand opined that charge-sheet could not be interfered with by the Court in …

No Hearing Given: Rajasthan HC Quashes Trial Court Order Making Adverse Remarks Against Circle Officer For Alleged Negligence In Probe
2 weeks, 5 days ago

No Hearing Given: Rajasthan HC Quashes Trial Court Order Making Adverse Remarks Against Circle Officer For Alleged Negligence In Probe

Live Law  

The Jaipur bench of the Rajasthan High Court set aside a trial court order which made adverse remarks against the concerned circle officer and where the DGP was directed to initiate disciplinary proceedings against the officer for alleged negligence committed during the investigation of a case. Justice Anoop Kumar Dhand observed that it was settled that no one could be …

Panchayati Raj Department Can Accord Post-Facto Consent For Transfers But Employees With Extenuating Situations Must Be Heard: Rajasthan HC
1 month, 1 week ago

Panchayati Raj Department Can Accord Post-Facto Consent For Transfers But Employees With Extenuating Situations Must Be Heard: Rajasthan HC

Live Law  

While hearing a bunch of petitions challenging transfers of the Panchayati Raj Department, Rajasthan High Court ruled that the requirement of taking consent from the Panchayati Raj Department for such transfers as envisaged under the Rule 8 of the Rajasthan Panchayati Raj Rules, 2011 was not necessarily pre-facto and was fulfilled even if the consent was taken post-facto. “No doubt, …

Seem To Be Passed In Great Haste: Rajasthan HC Tells State To Decide Afresh On Transfer Of 1116 Accounts Officers Ensuring Non-Arbitrariness
1 month, 3 weeks ago

Seem To Be Passed In Great Haste: Rajasthan HC Tells State To Decide Afresh On Transfer Of 1116 Accounts Officers Ensuring Non-Arbitrariness

Live Law  

The Jodhpur bench of the Rajasthan High Court has directed the State to take a fresh call on the transfer of 1,116 Assistant Account Officers, who had alleged violation of a Finance Department circular as per which the officers could be transferred "only in special circumstances and in the interest of the state" before completing 4 years with sanction. The …

Rajasthan Civil Services Rules | Apprehension Of Inquiry Taking Long Time Not Ground To Ward Off Disciplinary Inquiry U/S 19: High Court
3 months, 3 weeks ago

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

Live Law  

Rajasthan High Court has ruled that the possibility of disciplinary inquiry taking a long time could not be a reason to invoke Section 19 of the Rajasthan Civil Services Rules, 1958 and do away with the inquiry. Hence, in order to take a quick and effective action, the disciplinary authority dismissed the petitioner from services under Rule 19 to send …

Preposterous To Assume Judges Can't Commit Mistake While Passing Orders: Rajasthan HC Sets Aside Compulsory Retirement Of ADJ After 9 Yrs
4 months ago

Preposterous To Assume Judges Can't Commit Mistake While Passing Orders: Rajasthan HC Sets Aside Compulsory Retirement Of ADJ After 9 Yrs

Live Law  

Rajasthan High Court has set aside the penalty of compulsory retirement imposed upon an Additional District and Sessions Judge in 2015 for allowing the second bail application filed by a murder accused, despite having knowledge of the fact that the first bail application was rejected by the High Court and there was a pending transfer petition in front of the …

Enquiry Officer Acting As Prosecutor And Leading Examination-In-Chief Vitiates Departmental Enquiry: Rajasthan High Court Reiterates
6 months, 2 weeks ago

Enquiry Officer Acting As Prosecutor And Leading Examination-In-Chief Vitiates Departmental Enquiry: Rajasthan High Court Reiterates

Live Law  

Rajasthan High Court has reiterated that in a departmental enquiry, if the enquiry officer himself/ herself acted as the prosecutor, the entire departmental enquiry would stand vitiated. It was the case of the petitioner that at the time of conducting the enquiry, the enquiry officer played the role of the presenting officer by asking several questions to the witnesses and …

Quasi-Judicial Authority Can’t Pass Non-Speaking Orders: Rajasthan HC Sets Aside Punishment Imposed On Constable Allegedly Found Intoxicated On Duty
1 year, 5 months ago

Quasi-Judicial Authority Can’t Pass Non-Speaking Orders: Rajasthan HC Sets Aside Punishment Imposed On Constable Allegedly Found Intoxicated On Duty

Live Law  

Regarding the disciplinary action taken against a Police constable who was allegedly intoxicated while on duty, the Rajasthan High Court has recently observed that the Disciplinary and Appellate authority cannot do so without appreciating the evidence and assigning proper reasons. Justice Anoop Kumar Dhand sitting at the Jaipur Bench opined that the impugned orders were ‘totally non-speaking orders’ and the …

Corruption By Public Servants A ‘Gigantic Problem’, Eroding Confidence Of Common Man In Governance: Rajasthan High Court
1 year, 10 months ago

Corruption By Public Servants A ‘Gigantic Problem’, Eroding Confidence Of Common Man In Governance: Rajasthan High Court

Live Law  

The Rajasthan High Court has dismissed an employee's petition seeking consideration for promotion to the post of Additional Office Superintendent in the Home Department. After promotion to the post of UDC, he was promoted to the post of Assistant Administrative Officer against the vacancies of the year 2020-21 vide order dated 20.07.2020. Thereafter, when the respondent-department initiated the promotion exercise …

Rajasthan Non-Governmental Educational Institutions Act -Prior Approval Of Director Of Education Required To Remove Employee : Supreme Court
2 years, 2 months ago

Rajasthan Non-Governmental Educational Institutions Act -Prior Approval Of Director Of Education Required To Remove Employee : Supreme Court

Live Law  

Interpreting Section 18 of the Rajasthan Non-Governmental Educational Institutions Act, the Supreme Court held that prior approval of Director of Education has to be obtained even in case of termination/removal of an employee of a recognized institution after holding departmental proceedings.In this case, the appellant was terminated from service after conducting a disciplinary proceedings. Interpreting Section 18 of the Rajasthan …

Can't prosecute govt servants without sanction: Rajasthan brings law
7 years, 5 months ago

Can't prosecute govt servants without sanction: Rajasthan brings law

Deccan Chronicle  

Jaipur: The Vasundhara Raje government has passed an ordinance which seeks to protect both serving and former judges, magistrates and public servants in Rajasthan from being investigated for on-duty action without its prior sanction. The Criminal Laws Ordinance, 2017, promulgated on 7 September, “No magistrate shall order an investigation nor will any investigation be conducted against a person, who is …

SC Lets Rajasthan HC To Continue Disciplinary Proceedings Against Judicial Officer For Disobeying Precedents [Read Order]
8 years, 2 months ago

SC Lets Rajasthan HC To Continue Disciplinary Proceedings Against Judicial Officer For Disobeying Precedents [Read Order]

Live Law  

Wrong interpretation or distinction of its judgment and that of Supreme court by subordinate court amounts to disobedience of their orders, therefore, contemptuous, the High Court had observed.The Supreme Court has refused to expunge some remarks against a judicial officer made in a Rajasthan High Court order and upheld a disciplinary enquiry against the judge based on the said order,. …

HC orders sealing of Rajasthan Cricket Association office | IndiaTV News
10 years ago

HC orders sealing of Rajasthan Cricket Association office | IndiaTV News

India TV News  

Jaipur: The Rajasthan High Court on Thursday ordered sealing of the office of Rajasthan Cricket Association till March 30 on a plea by Lalit Kumar Modi against a no-confidence vote which led to his ouster as its chief. The interim order by the single bench of Justice Bela M Trivedi came on the petition filed by Modi against the vote …

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