STATE OF RAJASTHAN Vs. MAHENDRA SINGH OLA

JUDGEMENT

(1.) By this order all three appeals are being disposed of as they involve common question of law.

(2.) The case of the petitioner Mahendra Singh Ola in the petition is that he is an Ex-Army personnel. In pursuance to the advertisement issued by the respondents for the post of Sepoy, the petitioner applied as an Ex-Army Personnel and after due process he was appointed in Excise Preventive Force. After successful completion of training, the petitioner started discharging his duties as a Sepoy under District Excise Officer, Jhunjhunu of Excise Preventive Force, Chirawa, Jhunjhunu. While the petitioner was on duty at Chirawa, he received an information regarding a dispute in his family members. Thereupon, the petitioner proceeded to his village by taking one day's casual leave for 8/5/2012. However, a false FIR was lodged against other members of his family for offences under Ss. 451, 323 and 379 of IPC, wherein the petitioner was also falsely implicated. In connection with the said FIR, the petitioner was arrested on 15/5/2012 and subsequently he was released on bail on 19/5/2012. Respondent No. 1, without issuing any memo of explanation or charge-sheet and without providing any opportunity of hearing to the petitioner, issued order dtd. 17/7/2012 dismissing the services of the petitioner in terms of Rule 23A of the Rajasthan Service Rules (hereafter referred as 'the Rules') on the ground that a case for offence under Ss. 323, 451 and 379 of IPC was registered against the petitioner and as such, the petitioner was not suitable for the services of the State Government. The order impugned in the writ petition dtd. 17/7/2012, reads as follows:-

(3.) Aggrieved by the aforesaid order dtd. 17/7/2012, the petitioner preferred the writ petition.