In a significant ruling, the Rajasthan High Court at Jaipur allowed a writ petition filed by Constable Driver Satya Narain Yadav, challenging his termination from service without a proper disciplinary inquiry. The court set aside the orders issued by the disciplinary and appellate authorities for failing to comply with mandatory procedural safeguards.
The petitioner was terminated from service by an order dated March 25, 2017, passed by the Deputy Commissioner of Police (Headquarters). The authority invoked Rule 19(ii) of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958, which allows dispensing with a regular inquiry in certain exceptional situations. The appellate authority, the Police Commissioner, upheld the termination on October 18, 2018.
The core issue before the court was whether the disciplinary authority had validly exercised its power under Rule 19(ii). This rule requires the authority to record in writing its reasons for believing that holding a regular inquiry under Rules 16, 17, and 18 is not reasonably practicable.
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During the hearing, the respondent-state’s counsel could not dispute that the termination order lacked the required written reasoning. The court emphasized that this requirement is not a mere formality but a constitutional obligation, as established by the Supreme Court in the landmark case of Union of India & Anr. vs Tulsiram Patel.
“The disciplinary authority should record in writing its reason for its satisfaction that it was not reasonably practicable to hold the inquiry... This is a Constitutional obligation and if such reason is not recorded... the order... would both be void and unconstitutional.”
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The court found the termination order legally unsustainable due to this fatal flaw. Consequently, the writ petition was allowed. The impugned orders dated March 25, 2017, and October 18, 2018, were quashed and set aside. The petitioner was ordered to be reinstated into service with all notional benefits.
Case Title: Satya Narain Yadav Vs. State of Rajasthan & Ors.
Case Number: S.B. Civil Writ Petition No. 27949/2018
