Balvinder Kaur vs State Of Rajasthan
2022 Latest Caselaw 406 Raj

(1 of 2) [CW-205/2022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 205/2022

Balvinder Kaur D/o Shri Swaranjeet Singh, Aged About 42 Years, R/o 1187/13, Dhingra Street, Old Aabadi, Sriganganagar (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, Secondary Education, Bikaner.

3. Assistant Director (Departmental Enquiry), Secondary Education Rajasthan, Bikaner.

                                                                    ----Respondents


For Petitioner(s)            :     Mr. Lokesh Mathur (through VC)
For Respondent(s)            :

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

07/01/2022

It is submitted by learned counsel for the petitioner that the

inquiry officer vide his inquiry report (Annex.9) exonerated the

petitioner, however, the disciplinary authority without following the

procedure prescribed in Rule 16(9) of the Rules of 1958, has

remanded back the matter to the inquiry officer, inasmuch as, no

reasons have been recorded for remanding back the matter except

for indicating that provisions of Rules has not been followed, which

is not justified.

Reliance has been placed on judgment in the case of

Vasudev Vyas v. State of Rajasthan & Ors. : SBCWP

No.15052/2017, decided on 10.01.2018.

(2 of 2) [CW-205/2022]

Submissions have also been made that on remand, the

inquiry officer has without following the due procedure, inasmuch

as, no defence witness has been called, has resubmitted the

inquiry report to the disciplinary authority.

In view of the submissions made, issue notice. Issue notice

of the stay application also, returnable within a period of six

weeks.

In the meanwhile and till further orders, further proceedings

before the disciplinary authority pursuant to the charge-sheet

issued to the petitioner shall remain stayed.

(ARUN BHANSALI),J

97-Rmathur/-

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