Tara Singh vs The State Of Rajasthan
2023 Latest Caselaw 3580 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil Writ Petition No. 373/2019

Tara Singh

----Petitioner Versus The State Of Rajasthan

----Respondent

For Petitioner(s) : Mr. Himmat Jagga For Respondent(s) : Ms. Khushbu Choudhary on behalf of Ms. Abhilasha Kumbhat

JUSTICE DINESH MEHTA

Order

25/04/2023

I.A. No.01/2021:-

1. Learned counsel for the applicant argued that the interim

order passed by this Court deserves to be vacated inasmuch as

the impugned order converting the proceedings from Rule 17 to

Rule 16 of the Rajasthan Civil Services (Classification, Control &

Appeal) Rules, 1958 (hereinafter referred to as 'the Rules of

1958') was served upon the petitioner three days ahead of his

superannuation.

2. She submitted that the respondent - Department be

permitted to continue with the disciplinary proceedings.

3. Mr. Jagga, learned counsel for the petitioner submitted that

the issue involved in the present case is squarely covered by a

judgment of this Court rendered in the case of K.S. Garg Vs. State

of Rajasthan & Ors. reported in 2003 (3) WLN 492, which has

been affirmed by the Division Bench of this Court.

(2 of 2) [CW-373/2019]

4. Having heard learned counsel for the parties and considering

the nature of charges, this Court is of the prima-facie view that

the facts of the present case warranted proceedings under Rule 17

of the Rules of 1958 only, inasmuch as the allegation against the

present petitioner is that he failed to recover the amount of rent

from the employees of the respondent - Department.

5. The application under Article 226(3) of the Constitution of

India is, therefore, rejected.

6. List this case for admission on 24.05.2023.

(DINESH MEHTA),J 56-Arvind/-

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