[2023:RJ-JD:35846]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 16695/2023

Pappu Singh S/o Shri Kesa Ram Prajapat, Aged About 37 Years,

R/o Kabir Circle, Salawas, Tehsil Luni, District Jodhpur (Raj.)

----Petitioner

Versus

1.

State Of Rajasthan, Through Director, Secondary

Education, Rajasthan, Bikaner.

2.

The Joint Director (School Education), Jodhpur Division,

Jodhpur, Rajasthan.

3.

The District Education Officer (Headquarter), Secondary

Education, Jodhpur Rural.

4.

The Enquiry Officer, Cbeo-Luni, Secondary Education,

Jodhpur.

----Respondents

For Petitioner(s)

:

Mr. Vikram Singh.

For Respondent(s)

:

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

18/10/2023

1.

This petition has been filed by the petitioner aggrieved of the

inquiry report dated 13.09.2023 (Annex.10) given by the Inquiry

Officer in relation to the charge-sheet issued to the petitioner

under Rule 16 of the Rajasthan Civil Services (Classification,

Control & Appeal) Rules, 1958 (‘the Rules’).

2.

Submissions have been made that as the petitioner is

already facing criminal proceedings for similar charges, issuing of

charge-sheet as well as proceedings further in the matter is not

justified.

[2023:RJ-JD:35846]

(2 of 2)

[CW-16695/2023]

3.

The plea raised by the petitioner based on the judgment in

the case of Capt. M. Paul Anthony v. Bharat Gold Mines Ltd. & Anr.

: (1999) 3 SCC 679, cannot be countenanced, inasmuch as, the

said observations made by the Court are not absolute in nature.

In the present case, the inquiry has already been concluded and

the petitioner has been issued a show cause notice in terms of

Rule 16 of the Rules. The petitioner has not responded to the said

notice and it is for the disciplinary authority to take a call on the

said aspect of the matter, which order also would be appealable

and therefore, at this stage, no case is made out to interfere

either with the inquiry report or with the proceedings, in the

matter.

4.

Consequently, the petition has no substance, the same is,

therefore, dismissed.

5.

Counsel for the petitioner made submissions that the

petitioner was required to file response to the show cause notice

by 16.10.2023, by which date on account of filing of the present

petition, the petitioner could not file reply and therefore, he may

be permitted to file the same within a week from today.

6.

In that view of the matter, if the petitioner files his response

by 25.10.2023, the same may be considered by the disciplinary

authority.

(ARUN BHANSALI),J

142-Rmathur/-