MOOL CHAND BAGARIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed for quashing the charge-sheet dtd. 6/9/2021 issued to the petitioner under Rule 16 of the Rajasthan Civil Service (Classification Control and Appeal) Rules, 1958 (for brevity, "the Rules of 1958").

(2.) The facts in brief are that the petitioner, an ex-service man, was initially selected and appointed as Teacher Grade III in the year 2019. Thereafter, he was selected and appointed as Senior Teacher Grade II in the year 2020. While working as Senior Teacher (Grade II), vide momo dtd. 6/9/2021, the petitioner has been served upon with the charge-sheet under Rule 16 of the Rules of 1958 which is under challenge in the writ petition.

(3.) Learned counsel for the petitioner contended that the allegation against him in the charge-sheet that while working as Teacher, he submitted a fake degree when called for document verification for obtaining appointment as School Lecturer, is factually incorrect and as a matter of fact, he has applied for appointment on the post of School Lecturer prior to his appointment as Teacher Grade III. He submitted that since the misconduct, if any, was committed prior to coming into service, the charge-sheet is not sustainable. Learned counsel submitted that neither he has taken any advantage of the degree nor, he has challenged the rejection of his candidature for appointment as School Lecturer and hence, he could not have been charge-sheeted. He, therefore, prayed that the writ petition be allowed and the charge-sheet be quashed.