Citation : 2025 Latest Caselaw 5490 Raj
Judgement Date : 27 January, 2025
[2025:RJ-JD:5050]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1604/2025
Deepak Kapila S/o Shri Krishan Lal Kapila, Aged About 59 Years,
Resident Of E-147, Agarsen Nagar, Churu, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Agriculture,
Horticulture And Panchayati Raj (Agriculture),
Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.
2. Deputy Secretary, Agriculture And Panchayati Raj
(Agriculture), Agriculture (Group-I) Department,
Government Of Rajasthan, Jaipur, Rajasthan.
3. The Commissioner, Agriculture Department, Rajasthan,
Jaipur.
4. The Joint Director Agriculture (Ext.), Department Of
Agriculture, Churu.
5. Dr. Rajkumar Kulhari, Presently Working On The Post Of
Deputy Director Agriculture At The Office Of Deputy
Director Agriculture, Iganp, Bikaner.
----Respondents
For Petitioner(s) : Mr. CVS Shekhawat.
For Respondent(s) :
HON'BLE MR. JUSTICE ARUN MONGA
Order
27/01/2025
1. At the outset, learned counsel for the petitioner states that
the issue raised in the present writ petition is covered by a
judgment rendered by Division Bench of this Court in Dr. (Smt.)
Pushpa Mehta Vs. Rajasthan Civil Services Appellate
Tribunal & Ors. Reported in 2001(1) RLR 398. He submits
that the petitioner is sanguine that, in case he is allowed to file a
representation qua the grievance raised in the present writ
[2025:RJ-JD:5050] (2 of 2) [CW-1604/2025]
petition and the same is considered in light of the aforesaid
judgment, he will be meted out with favorable treatment.
2. Request seems to be fair.
3. Given the nature of order which is being passed, no
prejudice would be caused to the respondents and, therefore, the
requirement of issuance of notice is dispensed with as no return is
required to be filed by them.
4. In the aforesaid premise, without commenting on the merits
of the case, the writ petition is disposed of with a liberty to the
petitioners to file a fresh representation, which shall be gone into
by the competent authority and appropriate administrative order
shall be passed in accordance with law.
5. Needless to say that the competent authority shall go
through the judgment relied upon by learned counsel for the
petitioners as mentioned hereinabove and apply its independent
mind on the applicability of the same before passing any order. In
case, judgment ibid is not applicable to the petitioner's case,
specific reasons thereof would be given by passing a speaking
order.
6. Needful be done as expeditiously as possible.
7. It is made clear that the direction to consider the
representation shall not be construed as an expression of any
opinion, in any manner.
(ARUN MONGA),J 18-Sumit/-
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