Mohan Lal Sharma S/O Shri Jagdish ... vs State Of Rajasthan
2021 Latest Caselaw 7323 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 12954/2021

Mohan Lal Sharma S/o Shri Jagdish Prasad Sharma
                                                                       ----Petitioner
                                       Versus
State Of Rajasthan & Ors.
                                                                    ----Respondents

For Petitioner(s) : Mr. Punit Singhvi assisted by Mr. Ayush Singh For Respondent(s) : None present

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

07/12/2021

Despite service none appears for the respondents.

Heard learned counsel for the petitioner.

Admit. Issue notice.

Heard learned counsel for the petitioner on interim relief.

Learned counsel for the petitioner submits that he was

appointed as Lab Technician after following recruitment process

vide order dated 31.03.2008 but, without conducting any

departmental enquiry or without issuing any show cause notice,

his services have been terminated vide order impugned dated

18.10.2021 merely on the basis of report of a fact finding

committee. He submits that even if the allegation against the

petitioner is of obtaining appointment by fraud, his services could

not have been terminated without holding an enquiry in

accordance with rules. He, in support of his submissions, relies on

judgments of Hon'ble Apex Court of India in cases of Punjab

State Electricity Board & Ors. versus Leela Singh, (2007) 12

(2 of 2) [CW-12954/2021]

Supreme Court Cases 146 and Union of India & Ors. versus

B.V. Gopinath, (2014) 1 Supreme Court Cases 351 as also

the judgment of Hon'ble High Court of Jharkhand at Ranchi dated

07/09.03.2021 in case of Biswajit Gorai versus the State of

Jharkhand & Ors., W.P. (S) No.2776/2017 and another

connected matter.

Taking into consideration the contentions advanced by

learned counsel for the petitioner, the unrebutted material on

record and the law laid down by the Hon'ble Apex Court of India in

cases of Punjab State Electricity Board (supra) & Union of

India (supra), this Court deems it just and proper to stay the

effect and operation of the order dated 18.10.2021, till further

orders.

(MAHENDAR KUMAR GOYAL),J

Manish/37

Powered by TCPDF (www.tcpdf.org)