Rajasthan High Court - Jodhpur
Ravindra Singh vs State Of Rajasthan (2024:Rj-Jd:43175) on 22 October, 2024
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2024:RJ-JD:43175]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 13288/2024
Ravindra Singh S/o Sumer Singh, Aged About 52 Years, Village
Kajlan Tehsil Bhuana District Jhunjhunu, Presently Working As
Police Inspector, Police Station Dhan Mandi Udaipur, Raj.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Home Affairs, Government Of Rajasthan Secretariat,
Jaipur.
2. The Director General Of Police, Police Head Quarters,
Jaipur, Rajasthan
3. The Inspector General Of Police, Udaipur Range, Udaipur
4. The Superintendent Of Police, District Pratapgarh.
----Respondents
For Petitioner(s) : Mr. Navneet Singh Birkh
For Respondent(s) : Mr. Rituraj Singh Bhati, GC assisted
by Mr. Raj Singh Bhati
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
22/10/2024
1. Learned counsel for the petitioner submits that the
controversy involved in the present cases is squarely covered by
judgment rendered by a Co-ordinate Bench of this Court at Jaipur
in S.B. Civil Writ Petition No.20358/2018: "Raghuveer
Singh vs. State of Rajasthan & Ors." decided on 07.05.2024 in
the following terms:
"44. So considering the provisions of Rules and the
law laid down in various judgments, as referred above,
this Court can safely held that the Circular dated
04.06.2008 issued by the Department of Personnel to
the extent of depriving the Government servants from
[2024:RJ-JD:43175] (2 of 2) [CW-13288/2024]
consideration for promotion in case of criteria for
promotion being Seniority-Cum-Merit on account of
penalty of 'Censure' or withholding increments, is not
sustainable and deserves to be set aside.
45. Accordingly, the present writ petition is allowed.
The order of penalty dated 30.05.2013, passed by the
Deputy Commissioner of Police, Jaipur, the order dated
27.12.2013 passed by the Commissioner of Police,
Jaipur and also the order dated 26.10.2015 passed by
the Joint Secretary Government of Rajasthan (Appeal)
and so also the Circular dated 04.06.2008 issued by
the Department of Personnel to the extent as observed
in above paras, are quashed and set aside. The
petitioner shall be entitled for all consequential benefits
which accrue to him as if no such order of penalty was
ever passed against him.
46. The exercise for promotion or review so as to
extend the consequential benefits to the petitioner, be
completed by the respondents within a period of three
months from today.
47. In view of the order passed in the main petition,
the stay application and pending application(s), if any,
also stand disposed of."
2. Learned counsel for the respondents is not in a position to
refute the submissions made by counsel for the petitioner.
3. In view of the submissions made before this Court, the
present writ petition is allowed in terms of the judgment rendered
by the Co-ordinate Bench of this Court at Jaipur in the case of
Raghuveer Singh (supra).
4. Stay petition as well as other pending applications, if any,
shall also stand disposed of.
(VINIT KUMAR MATHUR),J
14-/Arun P/-
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