Lrs Of Radheshyam S/O Late Sh. ... vs The Chairman, Discoms
2022 Latest Caselaw 7120 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil Writ Petition No. 16450/2021

Lrs Of Radheshyam S/o Late Sh. Kheta Ram

----Petitioner Versus The Chairman, Discoms

----Respondent

For Petitioner(s) : Mr. R.S. Saluja.

For Respondent(s) :

HON'BLE MR. JUSTICE ARUN BHANSALI Order 12/05/2022

It is submitted by learned counsel for the petitioner that despite conviction of the petitioner by judgment dated 20.4.1985 by the trial Court and dismissal of his appeal by the High Court on 3.8.2016, the petitioner was accorded voluntary retirement on 4.7.2016 and relieved on 5.11.2016 (Annex.7 & Annex.8 respectively), however, by the order dated 13.4.2018, the order dated 5.11.2016 has been amended/superseded and the services of the petitioner has been terminated w.e.f. 5.11.2016, which is not justified as the said order has been passed without affording any opportunity of hearing to the petitioner and that once the voluntary retirement was accorded to the petitioner with knowledge of his conviction, the order could not have been passed.

Further submissions have been made that though the petitioner Radheshyam has died during the pendency of the present writ petition, as the cause of action survives in his legal representatives, who are his wife and children, the petition can be maintained.

In view of the submissions made, issue notice, returnable on 19.7.2022.

(ARUN BHANSALI),J 21-sumer/-

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