IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S).13301/2024 (ARISING OUT OF S.L.P (CIVIL) NO(S).27855/2017)
THE STATE OF RAJASTHAN & ORS. APPELLANT(S)
VERSUS
LATE SHRI GANGADAS BOHRA THROUGH LRS RESPONDENT(S)
O R D E R
Leave granted.
The High Court was dealing with a challenge to the order of
dismissal from service passed against the predecessor of the
respondents. Against the order of dismissal, an appeal under Rule
30 of the Rajasthan Civil Services (Classification, Control and
Appeal) Rules, 1958 (for short, “the 1958 Rules”) was preferred by
the deceased employee. Both, the learned Single Judge and the
Division Bench, have found that there was no consideration of the
said appeal on merits. After recording the said finding, the
learned Single Judge has himself examined the record of the
disciplinary proceedings and has come to a conclusion that there
was no material against the deceased employee. The said exercise
ought to have been left to the Appellate Authority which can do the
exercise of fact finding.
We, therefore, restore the appeal preferred by the deceased
employee (Gangadas Bohra) to the file of the Appellate Authority.
The Appellate Authority shall hear and decide the appeal after
due notice to the respondents as expeditiously as possible.
1
Only on the ground of restoration of the appeal, that we set
aside the impugned judgments.
All contentions of the responde...