Rajasthan High Court
Padam Chand Pingolia Son Of Ram Phool ... vs The State Of Rajasthan ... on 15 February, 2024
Author: Ganesh Ram Meena
Bench: Ganesh Ram Meena
[2024:RJ-JP:7971]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 5354/2020
Padam Chand Pingolia Son Of Ram Phool Pingolia, Aged About
30 Years, Resident Of Village And Post Banskho, Tehsil Bassi,
District Jaipur (Raj.).
----Petitioner
Versus
1. The State Of Rajasthan, Through The Additional Chief
Secretary, Department Of Home, Secretariat, Jaipur.
2. The Deputy Commissioner Of Police (Headquarter), Police
Commissionerate, Near Government Hostel, Jaipur.
3. The Director, Women And Child Development Department,
2, Jal Path, Gandhi Nagar, Jaipur
----Respondents
For Petitioner(s) : Mr. Ram Prasad on behalf of
Mr. Prahlad Sharma
For Respondent(s) :
HON'BLE MR. JUSTICE GANESH RAM MEENA
Judgment / Order
15/02/2024
By filing the instant writ petition, the petitioner has
challenged the order dated 15.07.2019 passed by the
Commissioner of police (Headquarter) Police Commissionerate,
Jaipur, whereby the appointment of the petitioner on the post of
Constable was cancelled because the petitioner failed to join the
duty within the given time even after a specific notice for joining.
Learned counsel for the petitioner submits that the petitioner
was selected on the post of Constable after due process of
recruitment and selection. Counsel further submits that after
issuance of the appointment order dated 19.12.2018, the
[2024:RJ-JP:7971] (2 of 3) [CW-5354/2020]
petitioner submitted an application on 18.02.2019 for extension of
the period for joining his duties in view of his family
circumstances. Counsel further submits that the respondents
instead of extending the joining time, cancelled the appointment
of the petitioner vide order dated 15.07.2019.
Considered the submissions made by counsel for the
petitioner and perused the material made available on record.
The petitioner after due process of recruitment was selected
for the post of Constable and on 19.12.2018, appointment order
was issued. By the appointment order dated 19.12.2018, the
petitioner was required to submit his joining before the cut off
date. The petitioner instead of joining his duties, submitted an
application for extension of time without there being any valid and
cogent reason. The petitioner in the application for extension of
time has simply mentioned the reason as family circumstances.
During the course of arguments, learned counsel for the
petitioner has submitted that the petitioner was already working
on the post of Teacher and on that post, his probation period was
not completed and due to this reason he did not join the duty.
As per the provisions of Rules and the appointment order
issued to the petitioner, the petitioner was required to join the
duty on or before the cut off date given in the appointment order.
On a cogent and valid ground, the joining time can also be
extended but in the present case, the petitioner has not submitted
before the respondents-Authorities any cogent reason for
extension of time in regard to joining the duty. Petitioner has only
stated that because of family circumstances, he is not able to join
the duty where as per the submissions made by the counsel for
[2024:RJ-JP:7971] (3 of 3) [CW-5354/2020]
the petitioner, petitioner was working at some other place. The
relevant Services Rules also provides that in case of non joining of
the selected candidate, vacancies are required to be filled up by
the other candidates from the waiting list. The post of Constable is
meant for maintaining law and order and it cannot be kept vacant
for an indefinite period on the sweet will of the selected candidate.
Before cancelling the appointment order of the petitioner, the
petitioner was issued a notice dated 11.12.2018 for joining the
duty but even thereafter he failed to join the duty.
In view of the above referred circumstances, this Court finds
no merits in the petition and accordingly, the same is dismissed.
Since, the main petition has been dismissed, other pending
application/s, if any, also stand/s disposed of.
(GANESH RAM MEENA),J
Seema/82
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