Rajasthan High Court
Yaswant Singh S/O Shri Kanahiya ... vs The State Of Rajasthan on 6 January, 2023
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 8095/2022
Yaswant Singh S/o Shri Kanahiya Lal
----Petitioner
Versus
The State Of Rajasthan & Ors.
----Respondents
For Petitioner(s) : Ms. Bhawna Choudhary with
Ms. Asha Sharma &
Ms. Laxmi Sharma
For Respondent(s) : Mr. R.D.Rastogi, ASG with
Mr. Devesh Yadav
Dr. Ganesh Parihar, AAG with
Mr. Vishnu Shanker Badaya
Mr. Ashwinee Kumar Jaiman
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
06/01/2023
1. Matter comes on applications No.03/2022 & 04/2022,
seeking vacation of ex parte stay order dated 02.08.2022.
2. Respondent No.2, represented by learned Additional Solicitor
General Mr. R.D. Rastogi & private respondent No.4, represented
by Mr. Ashwinee Kumar Jaiman, have moved separate applications
under Article 226(3) of the Constitution of India for vacating the
ex parte stay order dated 02.08.2022.
3. Heard learned counsel for both parties.
4. From perusal of record, it is not in dispute that petitioner
was transferred to the Office of Executive Engineer, Water
Resources Division, Sikar vide order dated 30.09.2021 (Annexure
R/4/2) and at that time petitioner was holding the post of
Assistant Accounts Officer Grade-II. Petitioner was given
(2 of 3) [CW-8095/2022]
additional charge of Divisional Accountant vide order dated
03.12.2021 (Ann.4) until getting charge by other persons.
Thereafter, vide impugned order dated 02.02.2022, respondent
No.4- Sh. Bharat Singh has been deputed on the post of Divisional
Accountant and he has joined such post w.e.f. 16.03.2022
(Ann.R/4/3). It is obvious that as soon as respondent No.4 joined
on the post of Divisional Accountant in the Office of Executive
Engineer Water Resources Division, Sikar, additional charge of
other post to the petitioner comes to an end and petitioner
remained continue to work as Assistant Accounts Officer Grade-II.
5. Petitioner while filing this writ petition has neither disclosed
the fact that Mr. Bharat Singh has already joined services on the
post of Divisional Accountant w.e.f. 16.03.2022 pursuant to the
impugned order dated 02.02.2022, nor Mr. Bharat Singh, who is
necessary and directly affected person, was made party. That
apart, it has also transpired that petitioner enclosed an interim
order dated 10.08.2010 passed in DB Civil Special Appeal (Writ)
No.299/2010, but has not disclosed the subsequent fact that the
appeal has been decided finally vide order dated 15.12.2016 as
much as basic notification dated 20.02.2004 has also been
quashed and set aside by the Central Administrative Tribunal vide
its judgment dated 30.03.2011. It has also been transpired that
though against judgment of the Tribunal dated 30.03.2011, DB
Civil Writ Petition No.6540/2011 is pending before the Principal
Seat at Jodhpur. It is undisputed that no interim stay order against
the judgment of the Tribunal dated 30.03.2011 has been passed.
6. Petitioner has not disclosed all such factual aspects and has
obtained the stay order dated 02.08.2022. Therefore, this Court
(3 of 3) [CW-8095/2022]
deems it just and proper to vacate the ex parte stay order dated
02.08.2022.
7. It is needless to reiterate that on the post of Divisional
Accountant in the Office of Executive Engineer Water Resources
Division, Sikar, private respondent No.4 has already joined w.e.f
16.03.2022 and the vacation of stay order will not deprive the
continuation of petitioner to work on the post of Assistant
Accounts Officer Grade-II pursuant to his transfer order dated
30.09.2021.
8. In view of above, both applications No.3/2022 & 4/2022
stands allowed and interim stay order dated 02.08.2022 stands
vacated. Accordingly, stay application is dismissed.
9. List the instant writ petition for final hearing on 30 th January,
2023.
(SUDESH BANSAL),J
SACHIN/154
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