Jayesh Kumar Patidar vs State Of Rajasthan
2023 Latest Caselaw 752 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 809/2023

Jayesh Kumar Patidar S/o Shri Dhuleshshwar Patidar, Aged About 29 Years, Village Moti Bassi, District Banswara (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Its Secretary, Department Of Home, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

2. The Director General Of Police, Jaipur, District Jaipur (Raj.).

3. The Superintendent Of Police, Banswara, District Banswara (Raj.).

                                                                ----Respondents


For Petitioner(s)        :     Mr. O.P. Sangwa
For Respondent(s)        :     Mr. Manish Vyas, AAG



                    JUSTICE DINESH MEHTA

                                    Order

19/01/2023

1. Learned counsel for the petitioner submits that the issue

involved in this writ petition is squarely covered by a judgment

dated 11.08.2014 of Jaipur Bench of this Court in SBCWP

No.5255/2013, Arun Choudhary & Ors. Vs. State & Ors.

2. It is also informed by the learned counsel that this Court so

also the Coordinate Bench(es) have passed various orders

following the judgment in the case of Arun Choudhary (supra).

3. Mr. Manish Vyas, learned AAG, on the other hand, submits

that a D.B. Special Appeal No.288/2021 has been preferred

against one of such orders passed by this Court in S.B. Civil Writ

Petition No.227/2017 following the judgment in the case of Arun

Choudhary (supra), in which, on 26.08.2021, the Division Bench

(2 of 2) [CW-809/2023]

has been pleased to stay the effect and operation of the order

passed.

4. Learned counsel for the petitioner submits that so far as

judgment in the case of Arun Choudhary (supra) is concerned, the

State has not filed any appeal and the same has attained finality

and thus, the State cannot apply two yardsticks, particularly when

the order passed in case of Arun Choudhary and also the orders

passed by this Court and Coordinate Benches following the

judgment in the case of Arun Choudhary (supra) have been

implemented.

5. Having regard to the facts and circumstances of the case and

considering that the judgment in case of Arun Choudhary (supra)

is holding field since 11.08.2014 and further because the State

has implemented the orders passed by this Court and Coordinate

Benches following the judgment of Arun Choudhary (supra), I am

inclined to follow the judgment passed in the case of Arun

Choudhary (supra).

6. Consequently, the writ petition filed by the petitioner is

allowed, the respondents are directed to forthwith reimburse the

amount of salary (excluding the training expenses) that was

recovered from the petitioner, who had resigned from Police

Department to join other State services. The State shall also be

required to pay interest @ 6% per annum from the date of

recovery till the date of actual payment. The same be paid within

a period of two months from today.

7. The stay application also stands disposed of accordingly.

8. No order as to costs.

(DINESH MEHTA),J 25-Arvind/-

Powered by TCPDF (www.tcpdf.org)