The Rajasthan High Court on the opening day after summer vacation held that writ under Article 226 of the Constitution of India can be entertained directly even without exhausting the alternative remedy available under the Statute.

While reinstating a constable of Rajasthan Police, a Single bench of Justice Ganesh Ram Meena of Rajasthan High Court set aside his dismissal order and granted the delinquent all the consequential benefits including salary, pay fixation and other service benefits and also allowed him to join the service under Article 311(2) of the Constitution of India.

Citing the facts, the High Court held that Mukesh Kumar Sharma while working as a Constable under the Superintendent of Police, District Tonk was placed under suspension vide order dated 24.10.2021 in the exercise of the powers given under Rule 13(1(a) of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 in view of contemplation of inquiry against him. Later he was reinstated on 17.02.2022 keeping inquiry proceedings pending.

During the enquiry, SP, Tonk passed an order dt 08.04.22 and imposed major penalty of dismissal from service. The order was passed under the special powers given under rule 19(ii) of the Rules and the inquiry proceedings were dispensed with recording the reason that “it is not reasonably practicable to follow the procedure as prescribed in the rules.”

The allegations against him were that “he has used objectionable language in conversation on Cell Phone with the higher authority of the department. Counsel further submitted that whether it was the petitioner who used objectionable language in conversation on Cell Phone with the higher authority or someone, else can only be ascertained after making a proper inquiry including taking the voice sample of the petitioner and sending the same to the Forensic Laboratory for its test.”

It was argued by Advocate Dinesh Yadav appearing for constable Sharma that the department could have proceeded against him only under the Rules of 1958 and the special powers could be exercised in the rarest of rare cases where the inquiry proceeding is impracticable but the respondent misused the powers without there being any cogent reason to do so whereas Government Counsel Pradeep Kalwania appearing for the police department opposed the same and argued that the powers have been used in accordance with law and the order passed by the SP Tonk is also under the special powers given to him under the Rules of 1958

Case Details:-
S.B. Civil Writ Petition No. 6008/2022 
Mukesh Kumar Sharma
Versus
State Of Rajasthan, Through Its Principal Secretary