S.B. CIVIL WRIT PETITION NO. 494/2013.

Ramniwas Vs. State of Rajasthan & Ors.

Order dated 08/10/2014

1/9

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR.

:: O R D E R ::

S.B. CIVIL WRIT PETITION NO. 494/2013.

Ramniwas S/o Sh. Chena Ram Bishnoi

Vs.

State of Rajasthan & Ors.

Date of Order

:::: 08

th October, 2014

.

P R E S E N T

HON'BLE Dr. JUSTICE VINEET KOTHARI

Appearance:

Mr. T.S. Rathore on behalf of

Dr. Nupur Bhati, for the petitioner.

Mr. Manish Patel, Addl. Govt. Counsel.

Mr. D.D. Chitlangi, for the Gram Panchayat- Shri Balaji

- -

BY THE COURT:

1.

The petitioner, Ramniwas S/o Sh. Chena Ram

Bishnoi, has preferred this writ petition in this Court on

10.01.2013 seeking following relief(s): -

“It is, therefore, humbly and respectfully

prayed that this writ petition of the petitioner may

kindly be allowed: -

A.

By an appropriate writ order or

direction, order dated 26.10.2012 (Annex.4) &

29.10.2012 (Annex.5) may kindly be quashed

being devoid of authority of law.

S.B. CIVIL WRIT PETITION NO. 494/2013.

Ramniwas Vs. State of Rajasthan & Ors.

Order dated 08/10/2014

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B.

By an appropriate writ, order or

direction, order dated 1.1.2013 (Annex.6) may

kindly be quashed to the extent that it places the

petitioner at Gram Panchayat Bhomasar from

Gram Panchayat Shri Balaji and the respondents

may kindly be directed to keep him at Gram

Panchayat Shri Balaji in accordance with the

order of the Tribunal.

C.

Any other appropriate writ, order or

direction which this Hon'ble Court may deem just

and proper in the facts and circumstances of the

case may kindly be passed in favour of the

petitioner.

D.

Writ petition filed by the petitioner

may kindly be allowed with costs.”

3.

While issuing notices to the respondents, a

coordinate bench of this Court vide the order dated 17.01.2013

stayed the effect and operation of the order Annex.6 dated

01.01.2013, whereby the suspension order dated 26.10.2012

(Annex.4) of the petitioner who was working as 'Gram-Sevak' in

Gram Panchayat- Shri Balaji, was revoked and a charge sheet

under Rule 17 of the Rajasthan Civil Service (CCA) Rules, 1958

(for short, hereinafter referred to as 'Rules of 1958') was issued

to the petitioner on 29.10.2012, and an explanation was sought

from the petitioner while transferring him from Gram Panchayat

Shri Balaji to Gram Panchayat Bhomasar, and the petitioner was

S.B. CIVIL WRIT PETITION NO. 494/2013.

Ramniwas Vs. State of Rajasthan & Ors.

Order dated 08/10/2014

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asked to hand over the charge as 'Gram-Sevak' of Gram

Panchayat Shri Balaji to one Sh. Jassaram Gaur. These Gram

Panchayat(s) are within the same Panchayat Samiti, Nagaur.

4.

The respondent- Panchayati Raj Department, has

filed a reply to the writ petition and contested the writ petition.

5.

Today, the matter comes up on application (IA

No.4231/14) filed by the applicant, Gram Panchayat, Shri Balaji,

seeking its impleadment as a party-respondent in the present writ

petition since the petitioner failed to implead them as a

responent.

6.

Mr. D.D. Chitlangi, learned counsel for the applicant

submitted that in pursuance of ad-interim order dated

17.01.2013, upon filing of the contempt petition by the petitioner

being S.B. Contempt Petition No.41/2013-Ramniwas Vs. C.S.

Rajan & Ors., the petitioner was posted back as 'Gram-Sevak' at

Gram Panchayat, Shri Balaji, the original place of his work and

where for certain irregularities committed by the petitioner,

enquiry under Rule 17 of the CCA Rules of 1958 was initiated

against the petitioner.

7.

Learned counsel for the petitioner, Mr. T.S. Rathore,

has urged that the Block Development Officer, Panchayat Samiti-

Nagaur, does not have the jurisdiction to either place the

petitioner under suspension or even transfer him from Gram

Panchayat Shri Balaji to Gram Panchayat, Bhomasar. He