Rajasthan High Court - Jodhpur
Ugam Singh vs State And Ors (2025:Rj-Jd:13093) on 7 March, 2025
Author: Dinesh Mehta
Bench: Dinesh Mehta
[2025:RJ-JD:13093]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 10902/2017
Ugam Singh S/o Shri Bhanwar Singh, B/c Rajput, R/o Near
Excise Office, Railway Station Road, Nagaur Colony, Jalore
District Jalore Raj..
----Petitioner
Versus
1. State Of Rajasthan Through The Secretary, Department
Of Home, Secretariat, Govt. Of Rajasthan, Jaipur.
2. The Isnpector General Of Police, Jodhpur Range, Jodhpur.
3. The Superintendent Of Police, Jalore, District Jalore.
----Respondents
For Petitioner(s) : Mr. Deepak Pareek
For Respondent(s) : Mr. Ritu Raj Singh Bhati
JUSTICE DINESH MEHTA
Order
07/03/2025
1. Learned counsel for the petitioner submitted that the issue
involved in the present writ petition is squarely covered by the
judgment dated 13.09.2021, passed by this Court in case of
Bhagirath Ram Vs. State of Rajasthan & 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 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.
[2025:RJ-JD:13093] (2 of 3) [CW-10902/2017]
(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 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,
[2025:RJ-JD:13093] (3 of 3) [CW-10902/2017]
then, proceed in accordance with law, while
following procedure provided under Rule 16 of
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 petition also stands disposed of in terms of
judgment rendered in case 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. All interlocutory applications so also stay application stand
disposed of, accordingly.
(DINESH MEHTA),J
152-raksha/-
Powered by TCPDF (www.tcpdf.org)
