Rajasthan High Court - Jodhpur
Rakesh Kumar Khatri vs State Of Rajasthan (2025:Rj-Jd:11298) on 27 February, 2025
Author: Dinesh Mehta
Bench: Dinesh Mehta
[2025:RJ-JD:11298]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
(1) S.B. Civil Writ Petition No. 6938/2023
Rakesh Kumar Khatri S/o Shri Raghumal Khatri, Aged About 39
Years, Resident Of Rai Colony, Panch Batti Choraha, Barmer
(Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan, Through The Commissioner, Abkari
Bhawan, Udaipur (Rajasthan).
2. The District Excise Officer, Barmer (Rajasthan).
----Respondents
Connected With
(2) S.B. Civil Writ Petition No. 6801/2023
Dharmendra Kumar Choudhary S/o Shri Ganga Ram
Choudahary, Aged About 55 Years, Resident Of Mahaveer Nagar,
Barmer (Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan-State, Through The Commissioner,
Abkari Bhawan Udaipur (Rajasthan).
2. The District Excise Officer, Jaisalmer (Rajasthan).
----Respondents
For Petitioner(s) : Mr. C.S. Kotwani
Mr. Yash Rajpurohit
For Respondent(s) : Mr. Pradhuyman Singh
JUSTICE DINESH MEHTA
Order
27/02/2025
1. Learned counsel for the petitioners submitted that the issues
involved in the present writ petitions are squarely covered by the
judgment dated 13.09.2021 passed by this Court in the case of
[2025:RJ-JD:11298] (2 of 3) [CW-6938/2023]
Bhagirath Ram Vs. State of Rajsthan & Ors. : S.B. Civil Writ
Petition No.2682/2021.
2. Learned counsel appearing for the respondents is not in a
position to dispute the aforesaid position of facts and law, in spite
of his emphatic arguments.
3. In the case of Bhagirath Ram (supra), while deciding
identical controversy in para No.27, the following timeline was
fixed:
"27(i) The disciplinary proceedings shall
remain stayed for a period of three years
from today.
(ii) Petitioner will be required to file his
statement in defence/reply along with the
list of witnesses (if any)within a period of
30 days from today. Such period is
extendable by not more than 30 days for
reasons to be recorded by the disciplinary
authority, if facts and circumstances so
warrant.
(iii) After completion of three years, the
disciplinary authority shall resume the
proceedings by giving at least a 15 days'
notice to the delinquent/employee of his
intentions so to do and to inform about the
status of criminal case.
(iv) It will be required of the petitioner -
employee to place relevant material,
including copies of the order-sheets/
proceedings of the Court, stage of the trial,
list of witnesses and number of witnesses
examined by that time and any other
relevant information.
(v) The petitioner will be free to make a
request to adjourn the proceedings further,
while indicating reasons and grounds for
the same.
(vi) The disciplinary authority in such
event, shall independently apply his mind
on the material placed and progression of
the criminal case and decide as to whether
the enquiry is required to be stayed any
further.
(vii) In case, the disciplinary authority is of
the view that the enquiry is required to be
kept on hold any further, he will keep the
[2025:RJ-JD:11298] (3 of 3) [CW-6938/2023]
same in abeyance for a further period, not
more than two years.
(viii) On completion of such period (total
five years),the disciplinary authority shall
take up the proceedings by appointing an
inquiry officer under intimation to the
petitioner, who shall, then, proceed in
accordance with law, while following
procedure provided under Rule 16of the
CCA Rules of 1958.
(ix) Needless to observe that if criminal
case itself is decided either way, during the
aforesaid period of three/five years, the
disciplinary authority shall be free to
resume the inquiry, of course while
observing principles of natural justice.
(x) Above time frame is a broad guideline
and directory in nature; non adherence
thereto will not per-se vitiate the
proceedings."
4. The present writ petitions also stand disposed of in terms of
Bhagirath Ram (supra). The disciplinary proceedings shall be kept
in abeyance in terms thereof.
5. The respondents shall, however, be free to initiate the same,
in accordance with law, albeit as per above timeline.
6. The stay applications stand disposed of accordingly.
(DINESH MEHTA),J
73-74-akansha/-
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