'Termination In Service Law Like Capital Punishment': Rajasthan HC Quashes Order Removing PT Instructor Based Only On Show-Cause Notice

While directing reinstatement of a government employee terminated without charge sheet or disciplinary inquiry, the Rajasthan High Court said that an order of termination in service law is akin to capital punishment which can be passed only after holding a proper inquiry to prevent punishment of innocent persons.

Justice Vinit Kumar Mathur was hearing a petition filed by a Physical Training Instructor who was terminated from services based on a show cause notice that alleged him to have secured appointment by playing fraud, without issuing any charge sheet or conducting any disciplinary inquiry.

"Taking into consideration the facts and circumstances in the present case, the order of termination in service law is like a capital punishment and, therefore, the same should be passed after holding a proper enquiry to prevent innocent person being punished". 

The petitioner was appointed in 2023. In 2024, a show cause notice was issued and when the State was not satisfied with the reply submitted by the petitioner, termination order was issued against him.

The petitioner argued that all documents submitted by him at the time of recruitment process were absolutely genuine, and no forgery was played by him. It was further submitted that no procedure established for taking appropriate action against the petitioner was taken as per Rajasthan Civil Services (Classification, Control and Appeal) Rules.

On the contrary, the State argued that there were discrepancies in the documents submitted by the petitioner and after holding preliminary enquiry, the State was satisfied that the employment was secured by fraud.

After hearing the contentions, the Court highlighted that no charge sheet/disciplinary enquiry was initiated against the petitioner before termination, and the services were terminated only on the basis of a show cause notice. It said,

“In the opinion of this Court, the procedure adopted by the respondents is not correct and without holding any enquiry, the respondents have reached to the conclusion that the appointment obtained by the petitioner is on the strength of forged document…Merely, getting the investigation done unilaterally by the respondents and finding the fact that certain documents have been fraudulently produced by the petitioner while getting the employment is not the correct approach adopted by the respondents for terminating the services of the petitioner".

The Court further highlighted that in identical matters by other candidates, the coordinate bench had directed constitution of a committee to look into it, and services of those petitioners stood protected. In this background, since in the present case, the petitioner's services were terminated, the petitioner stood discriminated against the candidates in those other matters.

The court quashed the termination order and the State was directed to reinstate petitioner.

Title: Shravan Choudhary v State of Rajasthan & Ors.

Citation: 2025 LiveLaw (Raj) 171

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