Brijendra Singh S/O Shri Sua Lal vs State Of Rajasthan
2023 Latest Caselaw 2532 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 3743/2023

Brijendra Singh S/o Shri Sua Lal
                                                                   ----Petitioner
                                   Versus
State Of Rajasthan & Anr.
                                                                ----Respondents

For Petitioner(s) : Mr. Brijendra Singh, in person For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

01/03/2023

1. By way of instant writ petition, petitioner has challenged the

order dated 29.8.2022 whereby representation of petitioner

against the adverse entry in the service record for the year 1995-

96 and 1996-97, has been rejected.

2. This is the second round of litigation by the petitioner.

Previously petitioner has filed SB Civil Writ Petition No.7873/2007,

challenging the adverse entry in the service record for the year

1995-96 and 1996-97 as also the order dated 8.12.1998. The writ

petition was allowed vide order dated 30.6.2022, placing reliance

upon the judgment of the Hon'ble Supreme Court in case of Dev

Dutt Vs. Union of India [(2008) 8 SCC 725], with the

following directions:

"9. In the case in hand, it is an admitted position that rejection of representation was never communicated to the petitioner. As a result of which, petitioner was not given opportunity of hearing and principles of natural justice were not followed. Appellate Authority has not passed any order on merits on account of maintainability of other issues.

(2 of 2) [CW-3743/2023]

10. In the facts and circumstances of the case, this Court deems it appropriate to set aside the order dated 08.12.1998, marked as Annexure-6, and all consequential orders whereby benefit of selection scale was not granted. At the same time, we direct the respondents to consider the representation of the petitioner marked as Annexure-3, provide him opportunity of personal hearing so that he can explain his defence against the entries.

11. It is expected from the respondent-authority to conclude the adjudication process within a period of 60 days, after granting the petitioner opportunity of hearing and effective opportunity of defence."

3. Petitioner states that thereafter the opportunity of hearing

has been given for the formality sake and by the impugned order

dated 29.8.2022, earlier order dated 8.12.1998 has been

maintained.

4. Heard.

5. Admit.

6. Issue notice to respondents.

7. After service of notice, respondents may file reply and after

completion of pleadings, petitioner is at liberty to move early

hearing of the writ petition.

(SUDESH BANSAL),J

NITIN /23

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