Court holds non-recording of reasons renders termination void; affirms Tulsiram Patel precedent in civil services disciplinary law
Summary
| Category | Data |
|---|---|
| Case Name | CW/27949/2018 of SATYA NARAIN YADAV SON OF SHRI JAGMAL SINGH YADAV Vs STATE OF RAJASTHAN |
| CNR | RJHC021211812018 |
| Date of Registration | 21-12-2018 |
| Decision Date | 19-08-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | MAHENDAR KUMAR GOYAL |
| Court | High Court Of Rajasthan |
| Bench | Single Judge Bench |
| Precedent Value | Binding authority |
| Overrules / Affirms | Affirms |
| Type of Law | Civil Services / Administrative Law |
| Questions of Law | Whether termination without recording reasons under Rule 19(ii) is valid? |
| Ratio Decidendi |
The Court held that Rule 19(ii) of the Rajasthan Civil Services Rules, 1958, mandates the disciplinary authority to record in writing reasons for dispensing with inquiry. This requirement is constitutionally compelled under Article 311(2). Non-compliance with this mandatory condition renders both the order of termination and any consequent penalty void. Following the Constitution Bench decision in Union of India v. Tulsiram Patel, absence of written reasons invalidates the invocation of clause (b) of the second proviso. Therefore, the impugned termination order was quashed as void for non-observance. |
| Judgments Relied Upon | Union of India & Anr v. Tulsiram Patel, AIR 1985 SC 1416 |
| Logic / Jurisprudence / Authorities Relied Upon by Court | Mandatory constitutional obligation under Article 311(2); requirement of written reasons under Rule 19(ii) |
| Facts as Summarised by the Court | Petitioner was terminated as Constable-Driver under Rule 19(ii) without recorded reasons; appeal was dismissed by Police Commissioner. |
| Citations | [2025:RJ-JP:32357] |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts and disciplinary authorities in Rajasthan |
| Persuasive For | Other High Courts dealing with civil service disciplinary matters |
| Follows | Union of India & Anr v. Tulsiram Patel, AIR 1985 SC 1416 |
What’s New / What Lawyers Should Note
- Reinforces that non-recording of reasons under Rule 19(ii) is a jurisdictional defect.
- Affirms mandatory nature of constitutional safeguard under Article 311(2).
- Clarifies that termination orders lacking written reasons are void ab initio.
- Confirms availability of notional reinstatement despite quashing.
Summary of Legal Reasoning
- Examined Rule 19(ii)’s requirement to record written reasons before dispensing with disciplinary inquiry.
- Relied on Constitution Bench decision in Union of India & Anr v. Tulsiram Patel mandating written reasons as a constitutional obligation.
- Held that failure to record reasons is fatal to the jurisdiction of the disciplinary authority.
- Concluded that the impugned termination order was void for non-observance and quashed it.
Arguments by the Parties
Petitioner
- Disciplinary authority did not record reasons in writing before terminating services.
- Non-compliance of Rule 19(ii) renders the termination order void.
Respondent
- Contended drunkenness on duty constitutes grave misconduct.
- Could not dispute absence of recorded reasons under Rule 19(ii).
Factual Background
Petitioner, a constable-driver, was terminated by the Deputy Commissioner of Police under Rule 19(ii) of the Rajasthan Civil Services Rules, 1958, for alleged drunkenness on duty. The order dispensing inquiry did not record any written reasons as required. The Police Commissioner dismissed the petitioner’s appeal. Petitioner approached the High Court by writ petition challenging both orders.
Statutory Analysis
- Rule 19(ii) of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 mandates written reasons for dispensing with inquiry under Rules 16–18.
- Article 311(2) of the Constitution provides a parallel constitutional safeguard in civil service dismissals.
- Court interpreted these provisions as mandatory and jurisdictional, in line with Tulsiram Patel.
Alert Indicators
- ✔ Precedent Followed
Citations
- AIR 1985 SC 1416 (Union of India & Anr v. Tulsiram Patel)
- [2025:RJ-JP:32357]