Jaipur: The state authorities had dismissed RPS Hiralal Saini on October 1, 2021, after the discharge of an obscene video of him in a swimming pool with a feminine constable. Rajasthan High Court has canceled this order of the federal government. Along with this, the court docket has requested the petitioner to be reinstated in service on the identical submit with wage and all advantages inside three months. The court docket has given liberty to the state authorities that it might probably examine on the premise of the cost sheet issued to the petitioner.
The single bench of Justice Ganesh Ram Meena gave this order whereas listening to the petition of Hiralal Saini. The court docket mentioned in its order that motion might be taken towards an worker solely when the worker will get a chance to be heard and the allegations towards him are proved. An worker can’t be exempted from common investigation on the bottom that his actions will adversely have an effect on the society and the division. If this argument is accepted, then the staff who’re arrested red-handed in ACB instances tarnish the picture of the division, whereas in these instances the federal government waits for the disposal of the legal case. The provision of dismissing the worker exempting him from common investigation doesn’t apply on this case.
Read: Suspended DSP Hiralal Saini and lady constable dismissed, DOP issued orders after Governor’s approval.
In the petition, senior advocate RN Mathur instructed the court docket that within the yr 2021, an obscene video of the petitioner and a feminine policeman in a swimming pool had gone viral. The lady’s six-year-old son was additionally seen in it. After this, the state authorities gave the cost sheet to the petitioner on October 1, 2021 and dismissed him on the identical day with out giving him an opportunity for investigation and listening to, whereas there’s a provision for dismissal with out investigation. Applicable solely in these instances by which investigation just isn’t potential. This matter was associated to just one individual and may very well be investigated, therefore the order of his dismissal needs to be cancelled.
In this case, the state authorities mentioned that the petitioner was seen in an objectionable place with a feminine policeman and her six-year-old son. The incident was not solely towards morality, however was additionally elevating questions on the credibility of the police. The allegations towards the petitioner had been so critical that it was essential to dismiss him with out conducting a departmental inquiry. After listening to the arguments of each the events, the court docket canceled the dismissal order.
