High Court Rajasthan High Court - Jodhpur

Kunwar Bhan Singh vs State Of Raj. & Ors on 22 March, 2010

Rajasthan High Court – Jodhpur
Kunwar Bhan Singh vs State Of Raj. & Ors on 22 March, 2010
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           S.B. Civil Writ Petition No.1797/2010
                      Kumar Bhan Singh
                              vs
                 State of Rajasthan & Ors.

DATE OF ORDER : 22.3.2010


                 HON'BLE MR. PRAKASH TATIA,J.

Mr. Pradeep Choudhary, for the petitioner.

Heard learned counsel for the petitioner.

The petitioner was punished under Rule 17 with the

punishment of only censure and it appears that petitioner’s

conduct in the facts relevant for the purpose of

departmental inquiry was considered in the impugned order

dated 29.11.2005 by the disciplinary authority and,

thereafter,it was considered by the appellate authority in

order dated 13.9.2006 and petitioner is challenging the said

punishment order and dismissal of his appeal after delay of

more than 3 years from the appellate order. Therefore, on

this ground alone, the writ petition deserves to be

dismissed. However, after going through the facts and the

reasons given in the order of the disciplinary authority and

appellate authority, I do not find any valid reason to

interfere in such punishment. The petitioner relied upon

upon the office order dated 1st May, 1981 wherein it is

mentioned that where there is a genuine reason for

granting leave to the employee, then the leave may be
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granted. The facts of the present case is entirely different

and said circular has no application.

Therefore, the writ petition of the petitioner is

dismissed having no merit.

(PRAKASH TATIA),J.

cpgoyal/-