Rajasthan High Court - Jodhpur
Prakash Dudi vs State Of Rajasthan (2025:Rj-Jd:15866) on 26 March, 2025
[2025:RJ-JD:15866]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6762/2025
Prakash Dudi S/o Shri Asha Ram Dudi, Aged About 40 Years,
Resident Of 49/1274, Ashu Sugana Premashram, Near Vishnu
Mandir, Jawahar Nagar, Ajmer (Rajasthan)
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Local Self
Department, Government Of Rajasthan, Jaipur Rajasthan
2. The Director Cum Special Secretary, Directorate, Local
Self Department, Jaipur Rajasthan.
----Respondents
For Petitioner(s) : Mr. Ankit Mathur
For Respondent(s) :
HON'BLE MR. JUSTICE ARUN MONGA
Order (Oral)
26/03/2025
1. The petitioner before this Court is assailing an order dated
24.03.2025 (Annex.-5), vide which he has been kept under
awaiting posting order (APO).
2. Heard.
3. Ordinarily, this Court would have issued notice to seek return
on the averments contained in the petition. However, de hors
what has been stated in the petition, the order which I propose to
pass is on the basis of the contents of impugned order dated
24.03.2025 which is a document of the respondents and the
contents thereof are not disputed.
4. Perusal of the order prima facie reflects that the petitioner
has been put in the category of APO on the basis of certain
[2025:RJ-JD:15866] (2 of 3) [CW-6762/2025]
complaints received against him from one of the public
representatives as named therein. While an action is being
contemplated qua the same in the interregnum the impugned
order has been passed.
5. Petitioner is aggrieved that while on one hand no work is
being taken by him, on the other hand, he is being humiliated by
making to sit idle at the cost of public exchequer and he continues
to be paid his salary.
6. In similar circumstances, this very Bench rendered a
judgment dated 17.02.2025 in the case of Ganraj Bishnoi Vs
State of Rajasthan & Ors. : S.B.C.W.P. No.15366/2024,
wherein following guidelines were laid down:-
"22. While concluding, in order to avoid needless litigation in
future, it is deemed appropriate to frame following guidelines to
invoke Rule 25-A of Rajasthan Service Rules, 1951:-
Guidelines on Awaiting Posting Orders (APO)
1. Purpose and Justification of APO :
(i). It must be issued based on administrative necessity or
public interest and not as a punitive measure.
(ii). The reason for placing an employee under APO must
be explicitly stated in writing.
(iii). APO should not be used as a substitute or ruse for
disciplinary action.
2. Conditions for Issuing APO :
2.1. Awaiting Posting Order is "usually" to be passed in the
following circumstances under Rule 25-A of Rajasthan Service Rules,
1951:
(i). Returning from leave.
(ii). Reverting to the parent department after deputation.
(iii). Returning from training (domestic or foreign).
(iv). Awaiting posting after relinquishing a previous post.
(v). Non-acceptance of the officer's transfer to another post.
(vi). Preventing the reversion of a government servant.
2.2. Though the conditions mentioned in Rule 25-A are illustrative,
but any other condition proposed to be invoked must align with
similar administrative necessity (principle of ejusdem generis).
[2025:RJ-JD:15866] (3 of 3) [CW-6762/2025]
3. Limitations and Restrictions:
(i). APO cannot be used to circumvent Rule 13 of the
Rajasthan Civil Services (Classification, Control & Appeal)
Rules, 1958, which governs suspensions.
(ii). APO should not exceed 30 days unless approved by the
Finance Department with valid justification.
(iii). Prolonged APO status without proper cause is misuse
of authority.
4. Administrative Accountability:
(i). Reason for an APO order to the concerned employee/official
must be conveyed.
(ii). Ensure timely issuance of future posting orders to prevent
unnecessary financial burden on the government.
(iii). APO orders that amount to de facto suspension or serve as a
means to delay the proposed disciplinary action should be avoided."
7. In view of the aforesaid, the impugned order dated
24.03.2025 (Annexure-5) is set aside with liberty to the
respondents to proceed against the petitioner as they may
otherwise deem fit in accordance with law, in case they so wish.
8. Allowed in above terms.
9. Pending applications, if any, stand disposed of.
(ARUN MONGA),J
160-AK Chouhan/-
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