High Court Orders Re-trial Following Non-Compliance with Mandatory Inquiry Procedures under Rajasthan Civil Services Rules
In a significant judgment, the Rajasthan High Court has quashed the dismissal of Vedprakash, a Banking Assistant at Chittorgarh Central Cooperative Bank Ltd., due to procedural irregularities in the departmental inquiry process. The order, delivered by Justice Kuldeep Mathur, highlights the necessity of adhering to the prescribed procedures under the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 during disciplinary proceedings.
Vedprakash was dismissed from service on February 25, 2020, following allegations of embezzlement of bank funds. The charges, stemming from transactions between 2012 and 2017, were purportedly executed using Vedprakash's maker ID. Despite denying the charges and claiming misuse of his ID by other bank personnel, the inquiry officer found him guilty without adhering to the procedural safeguards mandated under Rule 16(6)(a).
The court emphasized that the inquiry fell short of the statutory requirements, as there was no evidence of a proper examination of witnesses, opportunity for cross-examination, or consideration of defense evidence. Justice Mathur underscored that compliance with Rule 16(6)(a) is mandatory and not merely a formality, and that its non-compliance vitiates the inquiry.
The judgment further noted that the petitioner was denied an effective opportunity to defend himself, as the inquiry did not proceed through the necessary stages, such as listing and examining witnesses, cross-examinations, and presenting defense evidence.
Relying on precedents, including the Supreme Court's decision in State of U.P. v. Saroj Kumar Sinha, the court reiterated that findings of guilt cannot rectify procedural deficiencies. It was observed that the factual dispute regarding the misuse of the petitioner's ID required a thorough procedural inquiry, which was not conducted.
The court, while setting aside the dismissal and appellate orders, granted liberty to the bank to initiate fresh proceedings in accordance with the law, ensuring adherence to the complete procedural framework prescribed by the Rules.
Bottom Line :
Departmental inquiry under Rule 16(6)(a) of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 must strictly follow the prescribed procedure where charges are denied; dismissal order passed without examination of departmental witnesses, opportunity of cross-examination, defence evidence and hearing of arguments is vitiated and liable to be quashed.
Statutory provision(s):
- Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 Rule 16(6)(a)
- Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 Rule 16(7)
- Constitution of India, 1950 Article 226
Vedprakash v. Chittorgarh Central Coop. Bank Ltd., (Rajasthan) : Law Finder Doc id # 2989386
