Om Prakash Nagayach Son Of Shri ... vs State Of Rajasthan
2021 Latest Caselaw 1408 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                  D.B. Special Appeal Writ No. 6/2020

Om Prakash Nagayach Son Of Shri Manohar Lal, Aged About 70
Years, Resident Of 2-Gha-1, Kamla Nehru Nagar, Ajmer Road,
Jaipur (Raj.)
                                                                     ----Appellant
                                     Versus
1.      State Of Rajasthan, Through Its Secretary Co-Operative
        Department, Govt. Of Rajasthan, Govt. Secretariat, Jaipur
        (Raj.)
2.      The Registrar, Co-Operative Societies, Rajasthan, Jaipur,
        Sahkar Bhawan, Jaipur.
3.      The Board Of Directors (Appellant Authority), Through Its
        Chairman, Jaipur Zila Sahkari Bhoomi, Vikas Bank, Ltd.
        Jaipur.
4.      Jaipur Zila Sahkari Bhoomi Vikas Bank Ltd., Jaipur
        Through Its Secretary.
                                                                  ----Respondents

For Appellant(s)           :     Mr. Anuj Kaushik
                                 Mr. Vivek Gaur
For Respondent(s)          :



                   HON'BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE SATISH KUMAR SHARMA

Judgment

09/02/2021

1. This Special Appeal Writ has been filed against the order

dated 22-10-2019 passed in SB Civil Writ Petition No.17570/2019,

titled Om Prakash Nagayach Vs. State of Rajasthan & others, vide

which the claim of the appellant to grant interest on the amount

withheld due to departmental enquiry has been declined.

2. Heard learned counsel for the appellant and perused the

material available on record.

                                                                                 (2 of 2)                      [SAW-6/2020]


                                   3.   Learned   counsel      for     the     appellant            submits     that   the

respondents withheld the amount due to the appellant and the

same was released only after the orders of the court. Therefore,

he is entitled for the interest for the period of departmental

proceedings till release of the said amount.

4. Heard. Considered.

5. Undisputedly, the amount which was withheld due to

departmental proceedings has been released immediately after

the orders of the court setting aside the said proceedings. Till the

departmental proceedings are set aside the Disciplinary Authority

was entitled to withhold the said amount. Therefore, no case is

made out for interference with the impugned order.

6. Accordingly, the present appeal is hereby dismissed.

(SATISH KUMAR SHARMA),J (INDRAJIT MAHANTY),CJ

Arun/61

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