Nemi Chand Balai S/O Shri Pema Ram ... vs State Of Rajasthan
2023 Latest Caselaw 347 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR
              S.B. Civil Writ Petition No. 16057/2022
Nemi Chand Balai S/o Shri Pema Ram Balai, Aged About 57 Years, R/o
Luniyawas (Badhal), Tehsil Kishangarh Renwal District Jaipur. At
Present Working As Lecturer (Hindi) At Government Senior Secondary
School Badhal Tehsil Kishangarh Renwal District Jaipur.
                                                                    ----Petitioner
                                     Versus
1.      State Of Rajasthan, Through Its Additional Chief Secretary,
        School Education Department, Government Of Rajasthan,
        Secretariat, Jaipur.
2.      Director, Secondary Education, Bikaner.
3.      District Education Officer (H.q.), Secondary, Jaipur.
4.      Principal, Government Senior Secondary School Badhal, Tehsil
        Kishangarh Renwal District Jaipur.
                                                                 ----Respondents

For Petitioner(s)          :    Mr. Vijay Pathak
For Respondent(s)          :



            HON'BLE MR. JUSTICE SUDESH BANSAL

                                     Order

11/01/2023

1. The instant writ petition has been filed by petitioner,

challenging the punishment order dated 19.7.2021 (Annexure-3)

whereby petitioner was punished for charges that result of

examination of Class-XII in subject Hindi remained lowered and

during that period petitioner was lecturer in Hindi subject.

2. It has been submitted that as per judgment delivered in S.B.

Civil Writ Petition No.6005/2005: Ashok Kumar Kulhari Vs.

State of Rajasthan decided on 16.5.2008, passed after detailed

discussion of the previous judgment, it has clearly been observed

that no disciplinary action can be taken against the teacher on the

ground that result of particular subject in which he is teaching

students has been reduced.

(2 of 2) [CW-16057/2022]

3. Counsel for petitioner states that the impugned punishment

order dated 19.7.2021 has been challenged by way of

departmental appeal before the Appellate Authority but instead of

indicating the word "Appeal", word "Representation" has been

indicated, however, the Appellate Court has treated this appeal as

representation and has asked particulars from the concerned

Authority vide order dated 21.9.2021 (Anneuxre-6).

4. Taking into consideration aforesaid facts, respondents are

directed to decide departmental appeal filed by petitioner against

the punishment order dated 19.7.2021 and taking into

consideration the rationale of law as propounded in Ashok Kumar

Kulhari (supra), punishment order dated 19.7.2021 qua

petitioner shall remain stayed.

5. The writ petition stands disposed of accordingly.

6. All pending application(s), if any, also stand disposed of.

(SUDESH BANSAL),J

NITIN /55

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