1
S.B. Civil Writ Petition No.4429/2010
Ex Service Man Kalyan Bahu-Udheshiya Sahakari Samiti ltd
vs
State of Rajasthan & Ors.
Date of Order: 5.5.2010
HON'BLE MR. PRAKASH TATIA, J.
Mr. RS Choudhary, for the petitioner.
Heard learned counsel for the petitioner.
The petitioner is aggrieved against the order dated
28.4.2010 (Annex.13) as well as against the order of the
same date dated 28.4.2010 (Annex.14).
According to learned counsel for the petitioner, the
petitioner was not guilty for any of the misconduct as
alleged in the inquiry report. It is also submitted that
petitioner was not given an opportunity of hearing and,
therefore, the order dated 8.4.2010 is illegal. Learned
counsel for the petitioner also submitted that none of the
act of the petitioner was under consideration nor it could
have been under consideration because of the reason that
petitioner was only a placement agency who could have
forwarded the name of the persons to be appointed under
Sarva Shiksha Abhiyan (hereinafter referred to as SSA) and
the documents are verified by the officer of the SSA and
2
thereafter, appointments were given and not only that but
the conditions were subjected to interview before giving
approval.
I considered the submissions of learned counsel for
the petitioner and perused the material placed on record
including the inquiry report. There are 4 allegations against
the petitioner and in inquiry findings have been recorded
and prima facie it appear that there is involvement of the
petitioner. The detail reasons have been given in the inquiry
report. The District Collector, Nagaur considered the
inquiry report and, thereafter, passed the impugned order
and black listed the petitioner. The matter has also been
referred to the ACD for investigation and for further action.
Therefore, it will not be proper for this court to record any
finding on any of the allegations levelled against the
petitioner. The petitioner’s contention that he was only an
agency to provide man power and was not responsible for
giving appointment is concerned, that plea cannot help the
petitioner because of the plain and simple reason that
placement agency is not an agency who can pick up any
person from road and provided to the Government so as to
put burden upon the Government to find out the credentials
of the persons and the agency may take away the
commission for providing manpower.
3
Therefore, there is no illegality in the orders impugned
and the writ petition of the petitioner having no merit is
hereby dismissed.
[PRAKASH TATIA],J.
cpgoyal/-
