Mukesh Kumar Kinkod vs State Of Rajasthan
2021 Latest Caselaw 11727 Raj

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9714/2021

Mukesh Kumar Kinkod S/o Vasudev Kinkod, Aged About 32 Years, Vpo Parda, Tehsil Aspur, Itiwar, District Dungarpur, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Principal Education Secretary, Govt. Of Rajasthan, Secretariat, Jaipur.

2. The Director, Elementary Education And Panchayati Raj (Elementary Education), Rajasthan, Bikaner.

3. District Education Officer (Headquarter), Elementary Education, Dungarpur, Rajasthan.

4. The Chief Executive Officer, Zila Parishad, Dungarpur.

5. The Peepo, Govt. Sr. Secondary School, Nandali Sagora, Tehsil Aspur, District Dungarpur, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Ram Pratap Saini through VC with Mr. Hans Raj Nimbar

JUSTICE DINESH MEHTA

Order

28/07/2021

1. Impugning the order dated 22.07.2021, Mr. Saini, learned

counsel for the petitioner, submits that the respondent No.2 has

directed the respondent No.4 to cancel the appointment given to

the petitioner, failing which disciplinary action, against him under

Rule 16 of the CCA Rules, would be taken.

2. It is contended that the impugned action of cancelling

petitioner's appointment is being taken solely on account of fact

that petitioner in SB Civil Writ Petition No.4257/2021 (Girish

Shrimali Vs. State of Rajasthan & Ors.) has alleged that present

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petitioner (Mukesh Kumar Kinkod), despite being similarly situated

to him (Girish Shrimali) is being continued with the department.

3. It is firstly argued that petitioner's appointment cannot be

cancelled without issuing any notice and secondly, if such action is

taken it would be contrary to the judgment passed by this Court

in the case of Priyanka Menaria Vs. State of Rajasthan & Ors (SB

Civil Writ Petition No.16664/2018) decided on 11.04.2019 and

decision dated 22.07.2021 rendered in the case of Girish Shrimali

Vs. State of Rajasthan & Ors. (SB Civil Writ Petition

No.4257/2021).

4. Issue notice. Issue notice of stay application also, returnable

within six weeks.

5. Meanwhile, no final order shall be passed, pursuant to the

communication dated 22.07.2021 (Annex.6) in relation to

petitioner's services.

(DINESH MEHTA),J 376-A.Arora/-

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