HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 9101/2022
Bhanwar Lal Sharma S/o Shri Jagdish Prasad Sharma
----Petitioner
Versus
State of Rajasthan & Anr.
----Respondent
For Petitioner(s) : Mr. Tanveer Ahamad For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH Order 28/06/2022 Counsel for the petitioner submits that the issue involved in this writ petition has already been considered by the Co-ordinate Bench of this Court in the matter Bacchu Ram Vs. State of Rajasthan (S.B. Civil Writ Petition No. 6754/2019) wherein on 16.04.2019 following order was passed;
"Learned counsel argued that the petitioner, who is a Senior Teacher, came to be implicated in a criminal case No.57/2015 registered under Sections 498A, 406 and 323 IPC.
Learned counsel submitted that the petitioner was arrested on 14th April, 2015 and was released on bail on 18th April, 2015.
Learned counsel submitted that now charge sheet under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 has been issued to the petitioner in the month of January, 2019 by alleging that due to arrest of the petitioner, image of the Department has been lowered and arrest of the petitioner has been treated as a misconduct.
Learned counsel submitted that alleged incident of criminal case and matrimonial dispute with wife of the petitioner have been initiated at the stance of father-in- law of the petitioner, who belongs to a (Downloaded on 01/07/2022 at 09:10:01 PM) (2 of 2) [CW-9101/2022] particular political party, which has come in power now.
Learned counsel also placed reliance on the judgment of this Court in the case of Jaitdan Vs. State of Rajasthan & Ors. reported in RLW 2006(4) Raj. 3180 to contend that no misconduct is said to be committed, if criminal case is lodged against a person.
Issue notice of the writ petition as well as stay application, returnable within four weeks.
In the meanwhile, the respondents are restrained to proceed further in the departmental enquiry in pursuance of charge sheet dated 13th January, 2019 issued by the Joint Director, School Education, Jaipur Division, Jaipur."
In that view of the matter, issue notice to the respondent(s), returnable by six weeks.
Meanwhile, operation of the order dated 21.06.2022 passed by the respondent(s) shall remain stayed.
(INDERJEET SINGH),J CHETNA BEHRANI /108 (Downloaded on 01/07/2022 at 09:10:01 PM) Powered by TCPDF (www.tcpdf.org)