Basant Kiradu vs State Of Rajasthan
2021 Latest Caselaw 7212 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3367/2021

Basant Kiradu S/o Shri Moti Lal Kiradu, Aged About 51 Years, R/o Outside Nathusar Gate, Near Lali Mai Park, Bikaner.

----Petitioner Versus

1. State Of Rajasthan, Through The Director, Secondary Education Department, Bikaner.

2. The Additional Director, Primary Education Department, Bikaner.

----Respondents

For Petitioner(s) : Mr. Sanjay Mathur For Respondent(s) : Mr. Hemant Choudhary with Mr. Vishal Jangid

JUSTICE DINESH MEHTA

Judgment

15/03/2021

1. Mr. Sanjay Mathur, learned counsel for the petitioner, at the

outset, submitted that petitioner would confine the writ petition to

the extent of changing headquarter from Bikaner to Jaisalmer

only.

2. Mr. Hemant Choudhary, learned Government Counsel,

submitted that there are allegations of financial irregularities

against the petitioner and if his headquarter is not changed from

Bikaner to Jaisalmer, it is likely to adversely affect the enquiry -

petitioner may influence the evidence, as all the relevant

documents and witnesses would be in his proximity, if not under

his control.

(2 of 2) [CW-3367/2021]

3. During the course of arguments, it had transpired that the

petitioner is a Lecturer by post and was placed on deputation in

the Office of Director, Elementary Education during which he is

alleged to have committed financial irregularities.

4. This Court is of the opinion that mere pendency of enquiry

against the petitioner, does not warrant change of his headquarter

altogether from Bikaner to Jaisalmer, particularly when the Head

Office of Director, Elementary Education is at Bikaner.

5. In view of the aforesaid, the impugned order dated

08.02.2021 to the extent of change of headquarter from Bikaner

to Jaisalmer is set aside.

6. The respondents are directed to keep petitioner's

headquarter at a place, preferably in Bikaner or nearby area.

7. The writ petition is disposed of accordingly.

8. Stay application too stands disposed of.

(DINESH MEHTA),J 98-A.Arora/-

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