HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
ANAND SHARMA
NAVAL SINGH JHALA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CW / 18928 / 2025
[2026:RJ-JD:15075]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 18928/2025 Naval Singh Jhala S/o Pratap Singh Jhala, Aged About 49 Years, 113, Naya Gaonv, Post Khakhad, Tehsil Jhadol, District Udaipur (Raj.).
----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary, Department Of Rural Development And Panchayati Raj (Panchayati Raj), Government Of Rajasthan, Jaipur, Rajasthan.
2. Additional Commissioner, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur.
3. Chief Executive Officer, Zila Parishad Banswara, Rajasthan.
4. Development Officer, Panchayat Samiti Kushalgarh, District Banswara, Rajasthan.
----Respondents For Petitioner(s) : Mr. Ramesh Kumar, Adv.
For Respondent(s) :
HON'BLE MR. JUSTICE ANAND SHARMA
Order
02/04/2026
1. By way of filing this writ petition, the petitioner has challenged letter dated 15.09.2025, whereby the petitioner has been directed to submit reply to the charge-sheet dated 29.08.2025 served upon the petitioner under Rule 16 of Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958.
2. Learned counsel submits that the letter dated 15.09.2025 is totally misconceived and has been issued unnecessarily, ignoring the fact that the petitioner has already submitted reply to the charge-sheet on 10.09.2025.
3. On perusal of the record, this Court finds that no acknowledgment whatsoever has been placed on record by the petitioner to show that the reply to the charge-sheet has been filed by the petitioner, and received by the Disciplinary Authority. In the pleadings of memo of writ petition also this fact has not been specified that what was the manner of sending reply to the charge-sheet.
4. Under these circumstances, where petitioner has been asked to submit reply to the charge-sheet, it does not provide any cause of action whatsoever to the petitioner to approach this Court by way of filing writ petition under Article 226 of the Constitution of India. It is settled proposition of law that writ jurisdiction of this Court cannot be invoked at the stage of only issuance of charge-sheet, until and unless it is established by the petitioner that the charge-sheet has been issued by an incompetent Authority, against the statutory rules or it was resultant of apparent malafides. Petitioner in the entire writ petition has not raised any such grounds. In view of above, there is no scope of interference in the instant writ petition.
5. It is informed to this Court by learned counsel for the petitioner that till date, Enquiry Officer has not been appointed by the respondents to conduct enquiry pursuant to the charge-sheet served upon the petitioner. Under these circumstances, while not interfering with the impugned charge-sheet, this Court deems it just and proper to dispose of the writ petition by granting an opportunity of 15 days from today to the petitioner to submit reply to the charge-sheet before the Competent Authority and in case, reply to the charge-sheet alongwith supporting documents is produced before the Disciplinary Authority, same shall be considered by the Disciplinary Authority before taking any further action pursuant to the charge-sheet in accordance with law.
6. Writ petition is disposed of accordingly.
7. Pending application(s), if any, stand(s) disposed of.
(ANAND SHARMA),J
29-jatin
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