Bhanwar Lal Sharma S/O Shri ... vs State Of Rajasthan
2022 Latest Caselaw 4267 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 9101/2022

Bhanwar Lal Sharma S/o Shri Jagdish Prasad Sharma
                                                                  ----Petitioner
                                   Versus
State of Rajasthan & Anr.
                                                                ----Respondent

For Petitioner(s) : Mr. Tanveer Ahamad For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

28/06/2022

Counsel for the petitioner submits that the issue involved in

this writ petition has already been considered by the Co-ordinate

Bench of this Court in the matter Bacchu Ram Vs. State of

Rajasthan (S.B. Civil Writ Petition No. 6754/2019) wherein on

16.04.2019 following order was passed;

"Learned counsel argued that the petitioner, who is a Senior Teacher, came to be implicated in a criminal case No.57/2015 registered under Sections 498A, 406 and 323 IPC.

Learned counsel submitted that the petitioner was arrested on 14th April, 2015 and was released on bail on 18th April, 2015.

Learned counsel submitted that now charge sheet under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 has been issued to the petitioner in the month of January, 2019 by alleging that due to arrest of the petitioner, image of the Department has been lowered and arrest of the petitioner has been treated as a misconduct.

Learned counsel submitted that alleged incident of criminal case and matrimonial dispute with wife of the petitioner have been initiated at the stance of father-in- law of the petitioner, who belongs to a

(2 of 2) [CW-9101/2022]

particular political party, which has come in power now.

Learned counsel also placed reliance on the judgment of this Court in the case of Jaitdan Vs. State of Rajasthan & Ors. reported in RLW 2006(4) Raj. 3180 to contend that no misconduct is said to be committed, if criminal case is lodged against a person.

Issue notice of the writ petition as well as stay application, returnable within four weeks.

In the meanwhile, the respondents are restrained to proceed further in the departmental enquiry in pursuance of charge sheet dated 13th January, 2019 issued by the Joint Director, School Education, Jaipur Division, Jaipur."

In that view of the matter, issue notice to the respondent(s),

returnable by six weeks.

Meanwhile, operation of the order dated 21.06.2022 passed

by the respondent(s) shall remain stayed.

(INDERJEET SINGH),J

CHETNA BEHRANI /108

Powered by TCPDF (www.tcpdf.org)