Vijay Kumar Sharma vs The State Of Rajasthan ...
2023 Latest Caselaw 4768 Raj

[2023/RJJD/015633] (1 of 4) [CW-1720/2023]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1720/2023

Vijay Kumar Sharma S/o Sh. Hansraj, Aged About 46 Years, R/o Ward No. 24, House No. 8, Raisinghnagar, District Sriganganagar (Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Through The District Collector, Sriganganagar, District Sriganganagar.

2. Joint Director, School Education, Bikaner Division, Bikaner (Raj.).

3. Chief Block Education Officer, Raisinghnagar, District Sriganganagar (Raj.).

                                                                    ----Respondents


For Petitioner(s)            :     Mr. H. S. Sidhu
For Respondent(s)            :     Mr. Hemant Choudhary, GC



          HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

                                        Order

17/05/2023

      Heard learned counsel for the parties.

The present writ petition has been filed with the prayer that

the respondent No.2 may be directed to provide posting to the

petitioner on the post of Assistant Administrative Officer in

pursuance of the promotion order dated 17.11.2022.

Briefly the facts in the matter are that the petitioner was

posted as Clerk Grade-I at Sriganganagar and while working at

Sriganganagar, an F.I.R. was registered against him and he was

placed under suspension. During the pendency of the criminal

case and the suspension, the petitioner was served with a charge-

[2023/RJJD/015633] (2 of 4) [CW-1720/2023]

sheet under Rule 16 of the Rajasthan Civil Services (Classification,

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

Rules of 1958). The disciplinary proceeding is still pending

consideration. The same is challenged by way of filing a writ

petition before this Court and the proceedings of disciplinary

inquiry has been stayed. The case of the petitioner was considered

for promotion on the post of Assistant Administrative Officer for

the year 2022-23 as per provisions of the Rules of 1999. The

order promoting the petitioner was issued on 17.11.2022. Despite

the issuance of promotion order in favour of the petitioner, he is

not being allowed to join on the promoted post as no posting

order has been issued in his favour. Hence, the present writ

petition has been filed.

Learned counsel for the petitioner submits that in the

criminal case registered against the petitioner, he has been

acquitted vide order dated 05.08.2022. He submits that the

disciplinary proceedings initiated against the petitioner have

already been stayed by this Court in a separate writ proceedings

undertaken by the petitioner. Learned counsel submits that once

the promotion order has been issued in favour of the petitioner,

there is no justification with the Department to restrain the

petitioner from joining on the post of Assistant Administrative

Officer on account of the pending disciplinary inquiry. He,

therefore, prays that the petitioner may be allowed to join on the

promoted post and at best the same may be subject to the final

outcome of the disciplinary inquiry.

Per contra, learned counsel for the respondent submits that

on account of the pending disciplinary inquiry, the petitioner is not

[2023/RJJD/015633] (3 of 4) [CW-1720/2023]

being allowed to join on the promoted post. On a pointed query

raised to learned counsel for the respondent that why the

petitioner was promoted during the pendency of the

criminal/disciplinary proceedings, he fairly submits that it was

inadvertently done and it was a mistake on the part of the

department. He, therefore, submits that the writ petition may be

dismissed.

I have considered the submissions made at the Bar and have

gone through the relevant record of the case.

The fact with respect to the petitioner working with the

respondent Department and was proceeded in a criminal Court is

established in view of the judgment dated 05.08.2022. Further, it

is not disputed that the disciplinary proceedings are pending

against the petitioner and the same is the subject matter of a writ

petition filed by the petitioner before this Court in which an

interim order has been passed staying the disciplinary

proceedings. It is also a fact that during the pendency of criminal/

disciplinary proceedings, the petitioner's case was considered for

promotion to the post of Assistant Administrative Officer and the

petitioner was adjudged suitable for promotion and the promotion

order having been issued in his favour. After issuance of the

promotion order, the petitioner is not being given posting on

account of the pendency of the disciplinary inquiry. It is worth

noticing that the promotion order of the petitioner is not

revoked/cancelled by the respondent till date. In the considered

opinion of this Court, once the petitioner's case has been

considered for promotion and the promotion order having been

issued in his favour during the pendency of the criminal

[2023/RJJD/015633] (4 of 4) [CW-1720/2023]

/disciplinary proceedings, then merely withholding the posting

order by the Department on account of the pendency of

disciplinary inquiry is not justified and, therefore, the petitioner is

required to be given posting and allowed to work on the promoted

post.

In view of the discussion made above, the present writ

petition is allowed. The respondents are directed to give posting to

the petitioner on the post of Assistant Administrative Officer.

However, it is made clear that the promotion/posting order of

the petitioner shall remain subject to the final outcome of the

disciplinary inquiry as per Rules.

The stay application and other pending applications, if any,

also stand disposed of.

(VINIT KUMAR MATHUR),J 18-SunilS/-

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