Case Law Details
Hari Singh Vs State of Rajasthan (Rajasthan High Court)
In a landmark judgment, the Rajasthan High Court has emphatically reinforced the code of conduct and moral standards expected from government servants. The case of Hari Singh vs State of Rajasthan, decided on September 20, 2023, is a significant ruling that underscores the importance of uprightness and discipline in the public service sector. This judgment reiterates the vital role of government employees in maintaining the highest standards of conduct. This article delves into the details of the case and the court’s stance on morality, Indian mythology, and government employees.
While most commendably according the paramount importance to the highest standards of discipline, uprightness and morality for government servants, the Rajasthan High Court in a most commendable, courageous, cogent and creditworthy judgment titled Hari Singh vs State of Rajasthan in Hari Singh vs State of Rajasthan in S.B. Civil Writ Petition No. 18980/2017 and cited in [2023:RJ-JP:23836] that was pronounced as recently as on September 20, 2023 has minced just no words to hold in no uncertain terms that when rules prescribe certain code of conduct for government employees and bars them from leading an immoral life, the same cannot be violated on the ground that Indian mythology permits the same. It must be noted that the Single-Judge Bench of Hon’ble Mr Justice Ashok Kumar Gaur upheld the removal from service of the petitioner a married constable with Rajasthan Armed Constabulary who was found to be in a live-in relationship with a married woman who is also a constable with the Central Reserve Police Force (CRPF). In the fitness of things, the Bench dismissed most commendably the specious and lame contention of the petitioner who cited Indian mythology to justify his conduct.
It merits mentioning that the petition had relied upon judgment in Mahesh Chand Sharma vs State of Rajasthan in S.B. Civil Writ Petition No. 2067/1999 delivered on 7th March, 2019 in which a coordinate Bench of the High Court while dealing with adultery case had cited Indian mythology as well as customs prevalent in tribal areas. But the Single-Judge Bench of Hon’ble Mr Justice Ashok Kumar Gaur in this leading case most forthrightly held that, “This Court finds that the said observations of the learned Single-Judge are absolutely out of context and bereft of any reasoning and further not supported by any legal jurisprudence.” Very rightly so!
At the very outset, this learned, laudable, landmark and latest judgment authored by the Single-Judge Bench comprising of Hon’ble Mr Justice Ashok Kumar Gaur of Jaipur Bench of Rajasthan High Court sets the ball in motion by first and foremost putting forth in para 1 that, “The instant writ petition has been filed by the petitioner challenging charge-sheet dated 14.09.2007, punishment order dated 31.03.2008, appellate order dated 10.02.2009 rejecting the departmental appeal and order dated 25.05.2017 rejecting the review petition filed by the petitioner.”
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