Citation : 2025 Latest Caselaw 5681 Raj
Judgement Date : 29 January, 2025
[2025:RJ-JD:5616]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6106/2014
1. Rajeev Joshi S/o Shri T.K. Joshi aged about 45 years, R/o Joshi Bhawan, Near Police Control Room, Bhilwara. (Presently posted on ad hoc as Dy. S.P. ACB, Udaipur).
2. Bhanwar Lal Devasi S/o Shri Roopa Ram, aged about 50 years, R/o Village Jaswantpura, Tehsil Bilara, District Jodhpur (Presently posted as SHO, Sadar, Nagaur).
3. Parbat Singh S/o Shri Raghunath Singh, Aged about 49 years, R/o Village & Post Bhaisan, Tehsil Sojat City, District Pali (Presently posted as SHO Pratapgarh).
4. Manjeet Singh S/o Shri Satrashal Singh, Aged about 45 years, R/o Village Piplas, Tehsil Kekri, District Ajmer (Presently posted as SHO, Nathdwara, District Rajsamand).
----Petitioners Versus
1. State of Rajasthan through the Secretary, Department of Home, Secretariat Jaipur (Rajasthan).
2. The Director General of Police (DGP), Police Headquarter, Jaipur.
3. Shri Narendra Sharma, S/o Shri Mool Chand, presently posted as SHO, Gangapur City, District Sawai Madhopur.
4. Shri Abhay Sharma S/o Shri Bhuswati, presently posted at Ajmer.
5. Shri Chena Ram S/o Shri Jagmal Ram, presently posted at S.P. Office at Banswara.
6. Shri Nayaran Lal S/o Shri Ganshyam Sharma, presently posted at Police Line, Jaipur City, C/o DGP, Headquarter, Jaipur.
7. Shri Dinesh Kumar Sharma S/o Shri Radha Kishan Sharma, R/ o 242 Surya Nagar, Gopal Pura By-pass, Jaipur.
----Respondents
For Petitioner(s) : Mr. Manoj Bhandari, Senior Advocate assisted by Mr. Ojas Gupta For Respondent(s) : Mr. Deepak Chandak and Ms. Sonal Parihar for Mr. B.L.Bhati, AAG
[2025:RJ-JD:5616] (2 of 3) [CW-6106/2014]
JUSTICE DINESH MEHTA
Order
29/01/2025
1. Mr. Bhandari, learned Senior Counsel submitted that the
controversy involved in the present writ petition has already been
set at rest by this Court (at Jaipur) vide judgment dated
15.02.2018 passed in a bunch of writ petitions led by S.B. Civil
Writ Petition No.6184/2014 : Poonam Chand Vishnoi Vs.
Director General of Police & Ors.
2. He asserted that even the order impugned and petitioners'
status so also other facts are exactly identical to the facts which
were involved in the case of Poonam Chand Vishnoi (supra).
3. Mr. Chandak, learned counsel for the respondent - State is
neither in a position to controvert the aforesaid factual position
asserted by Mr. Bhandari nor could he distinguish petitioners' case
from the adjudication made in the case of Poonam Chand Vishnoi
(supra).
4. He however, submitted that against the above referred order
dated 15.02.2018, the affected parties have preferred an appeal
being D.B. Special Appeal Writ No.561/2018 along with other
connected matters before the Division Bench of this Court at
Jaipur and while hearing the bunch of matter, Division Bench vide
its order dated 24.07.2018 directed the respondents to maintain
'status quo'.
5. Mr. Chandak, learned counsel for the respondent - State
submitted that the interim order is still in currency and therefore,
[2025:RJ-JD:5616] (3 of 3) [CW-6106/2014]
the writ petition filed by the petitioners be not disposed of until
the Division Bench finally decides the above referred appeals.
6. Mr. Bhandari, learned Senior Counsel, at this juncture,
submitted that before the interim order was passed by the
Division Bench on 24.07.2018, all the candidates involved in the
group of writ petitions so also the petitioners had been promoted.
He, however prayed that the present writ petition be disposed of
in light of Single Bench judgment dated 15.02.2018 rendered in
the case of Poonam Chand Vishnoi (supra) and in order to avoid
multiplicity of litigation, it may be observed that the petitioners so
also the State shall be bound by the judgment to be passed by the
Division Bench in the above referred appeal being D.B. Special
Appeal Writ No.561/2018 or any other connected appeal.
7. In view of the aforesaid, the present writ petition is disposed
of in light of judgment dated 15.02.2018 passed in the case of
Poonam Chand Vishnoi (supra).
8. Both the parties shall stand bound by the final order to be
passed in D.B. Special Appeal Writ No.561/2018 by this Court at
Jaipur Bench, without a separate appeal being filed against the
order instant.
9. The stay application stands disposed of, accordingly.
(DINESH MEHTA),J 73-akansha/-
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