[2026:RJ-JP:247]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.18901/2012 Dr. Abdul Khalid Ansari S/o Shri Abdul Rashid, aged about 42 years, R/o Vigyan Nagar, Kota, presently working as Health Manager at Jhalawar Medical College Hospital, Jhalawar.

----Petitioner Versus

1. State of Rajasthan through the Principle Secretary, Health Department, Government Secretariat, Jaipur.

2. Managing Director, NRHM, Swasthaya Bhawan, C-

Scheme, Tilak Marg, Jaipur.

3. Director (Public Health) Swasthya Bhawan, C-Scheme, Tilak Marg, Jaipur.

4. The Dean/Principal and Controller, Jhalawar Medical College, Jhalawar.

5. The Chief Medical and Health Officer, Jhalawar.

----Respondents Connected With S.B. Civil Writ Petition No. 770/2014 Abdul Khalid Ansari S/o Shri Abdul Rashid Ansari, aged about 44 Years 2 Months, R/o House No.93, Vigyan Nagar, Kota (Raj.).

----Petitioner Versus

1. State of Rajasthan through Principal Secretary Medical and Health Department, Govt. of Rajasthan, Rajasthan Secretariat, Jaipur (Raj.).

2. Managing Director, NRHM, Swastha Bhawan, C-Scheme, Tilak Marg, Jaipur.

3. The Dean/Principal and Controller, Jhalawar Medical College, Jhalawar.

----Respondents For Petitioner(s) : Mr. Shailesh Prakash Sharma For Respondent(s) : Mr. Vigyan Shah, AAG with Mr. Deepak Mittal HON'BLE MR. JUSTICE ANAND SHARMA

Order

06/01/2026

1. Since both the above writ petitions involved almost similar facts and controversy, therefore, with the consent of both the parties, both the writ petitions were heard together and are being decided by this common judgment.

2. Facts in brief are that the petitioner was appointed as Health Manager in Jhalawar Medical College Hospital, Jhalawar on contractual basis on 13.06.2008. As per appointment order dated 13.06.2008, terms of appointment of petitioner shall be regulated as per the agreement executed between the petitioner and the respondents, and appointment shall be of temporary nature. It was made clear that the services of the petitioner could have been terminated without giving any prior notice. Agreement dated 02.07.2008 executed between the parties has also been placed on record as Annexure-3, in which it has been clarified that period of contractual appointment of the petitioner shall be from 02.07.2008 to 01.07.2009. He shall be entitled for consolidated amount of Rs.25,000/- per month. Clause 6 of the agreement states that any misconduct on the part of the petitioner, if proven, after an enquiry, the employer shall be entitled to terminate the services of the petitioner. Clause 7 deals with termination in other cases, where despite there being no misconduct, contract of services can be terminated with notice of one month on either side or by depositing/paying one month's contract amount in lieu of notice. In appointment order dated 13.06.2008, it was clearly stipulated that the petitioner will not be entitled for any other employment.

3. A complaint was received by the respondents that the petitioner has been serving as a Health Manager in the Office of Medical College & Hospital, Jhalawar as well as also drawing salary from the Office of Chief Medical & Health Officer, Jhalawar. Thus, there was allegation of drawing salary simultaneously from two different places. When aforesaid misconduct of the petitioner came to surface, the petitioner accepted his guilt and deposited the amount vide two cheques for a sum of Rs.8,96,955/-.

4. One enquiry committee was constituted to investigate into the matter and to give a fact-finding report. The enquiry committee submitted its report and found that the petitioner could not have drawn double salary from two different places simultaneously and the fact was also taken into consideration that the petitioner himself has confessed and has redeposited the amount of salary in the tune of Rs.8,96,955/-. Report of the committee has been placed as Annexure-R4 along with reply to the writ petition. In the report of committee a finding has been given that th