[2026:RJ-JD:2589]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 12978/2020 Ramaram S/o Shri Bhuraram, Aged About 30 Years, Resident Of Makawal, Tehsil Reodar, District Sirohi (Rajasthan).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary To The Government, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur.

2. District Collector (Land Records), Sirohi.

----Respondents For Petitioner(s) : Mr. Prakash Raika For Respondent(s) : Mr. Rajesh Shah with Mr. Mahipal Singh Mr. Siddharth Pandey for Mr. S.R. Paliwal, GC HON'BLE MS. JUSTICE REKHA BORANA

Order

15/01/2026

1. Counsel for the petitioner submits that the present petition be disposed of in light of a Co-ordinate Bench judgment of this Court in Bhagirath Ram Vs. State of Rajasthan & Ors.; S.B. Civil Writ Petition No.2682/2021 (decided on 13.09.2021) whereby the Court, while disposing of the petition, issued a specific timeline for conclusion of the disciplinary proceedings.

2. Counsel for the respondents although does not refute the above submission but submits that the disciplinary proceedings in the present matter were initiated way back in the year 2020 and remains stayed by virtue of interim order dated 09.12.2020. So far as the criminal proceedings are concerned, as per the averment of counsel for the petitioner himself, even the charges have not been framed till date.

3. In that event, the timeline as directed in Bhagirath Ram (supra) deserves to be modified.

4. The submission made by counsel for the respondents seems to be reasonable and a genuine one.

5. Evidently, five years have already been passed since the disciplinary proceedings having been stayed. The said proceedings definitely cannot be kept pending solely for the reason of the criminal proceedings being pending and that too, when the said criminal proceedings are proceeding at a snail’s pace.

6. The present writ petition is hence disposed of with the following timeline:

(i) The disciplinary proceedings shall remain stayed for a period of one year from today.

(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 one year, 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 one year.

(viii) On completion of such period (total two years), the disciplinary authority shall take up the proceedings by appointing an inquiry officer under intimation to the petitioner, who shall, 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 one/two 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 d