HC relief to 74-yr-old prosecutor in ‘vengeful’ disciplinary case

Jaipur: In a significant relief to a 74-year-old retired govt officer, the Rajasthan High Court has quashed a long-pending disciplinary case, terming the proceedings "an abuse of power" and an act of "vengeance" by authorities.

The order was passed by Justice Munnuri Laxman on April 9, and the copy of the order was uploaded Friday. The order was passed on a petition filed by Dr Brij Ballabh Sharma, a retired deputy director of prosecution from Kota. The court also imposed a cost of 50,000 on the state govt, directing it to be paid to the petitioner within three months.

Dr Sharma, now 74, challenged disciplinary proceedings against him in 2025, initiated in 2008. The alleged incidents date back to 1994-95, when he was serving as an assistant public prosecutor in Jhalawar. The charges were related to alleged discrepancies in maintaining official registers, including incorrect or missing entries of case details.

The court noted that the allegations were "trivial in nature" and did not warrant serious disciplinary action. "There was no clear rule or duty requiring the petitioner himself to maintain such records, as clerical staff was assigned for that purpose," said the court.

Importantly, the court took strong exception to the inordinate delay in initiating the proceedings. "It held that such a prolonged delay — without any reasonable explanation — was unjustified and indicative of mala fide intent," the court noted.

Appearing for the petitioner, advocate Harshvardhan Nandwana, along with other counsels, argued that the proceedings were initiated after an inordinate delay and were motivated, causing undue harassment to the elderly petitioner. "The situation was further aggravated when authorities converted the case into a more serious charge just before Sharma's retirement in 2010," he argued.

Justice Laxman observed that due to these proceedings, the elderly petitioner was "deprived of his retiral and pensionary benefits for years". The court remarked that the manner in which the case was pursued reflected a "clear misuse of power".

Allowing the petition, the High Court quashed the charge sheet, all consequential proceedings, and the appointment of an enquiry officer.

Allowing the petition, the High Court quashed the charge-sheet, all consequential proceedings, and the appointment of an enquiry officer.


Get real-time updates and result insights on Assam HSLC 10th result.