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2005 DIGILAW 1625 (RAJ)

V. S. Garg v. State of Rajasthan

2005-06-01

R.P.VYAS

body2005
Judgment R.P. Vyas, J.-Heard at admission stage. 2. The instant petition has been filed by the petitioner with the prayer that the letter dated 05.03.2004 (Annex.9) and 24.03.2005 (Annex.10) may kindly be quashed and set aside and two review petitions filed by the petitioner may be ordered to be decided. 3. Brief facts of the case are that the petitioner is presently working as Assistant Engineer, Public Health and Engineering Department, Sub Division, Abu Road, Distt. Sirohi. 4. A charge-sheet under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as “the Rules of 1958”) was issued to the petitioner on 01.07.1998 and after enquiry, the disciplinary authority vide order dated 20.08.2002 (Annex.1) found the charges proved against the petitioner. 5. The petitioner preferred a review petition (Annex.2) under Rule 34 of the Rules of 1958 before Her Excellency the Governor of Rajasthan, on 211.2002, which is still pending. 6. The petitioner vide representation dated 13.04.2004 (Annex.3) requested the respondent No.4 to send the decision on his review petition. 7. It has also been averred in the writ petition that another enquiry was held against the petitioner under Rule 16 of the Rules of 1958 and after enquiry, vide order dated 19.06.2002, the petitioner was held guilty and punishment of stoppage of two grade increments with cumulative effect was imposed. 8. Against the order dated 19.06.2002 (Annex.4), the petitioner also filed a review petition (Annex.5) before Her Excellency, the Governor of Rajasthan, under Rule 34 of the Rules of 1958, on 210.2002, which is still pending. 9. Further case of the petitioner is that in pursuance of order dated 19.06.2002 (Annex.1), the Superintending Engineer and Technical Assistant-I to Chief Engineer (Headquarter), PHED, Jaipur vide letter dated 05.03.2005 (Annex.9) informed the Superintending Engineer, Circle, Jalore that since the petitioner was not entitled to any salary and allowance for the period of suspension, except the subsidiary allowance, therefore, grant of annual grade increment, during the suspension period to the petitioner, is not in accordance with rules and, if any payment has been made to him, then the same may be recovered and two annual grade increments after 19.06.2002 be stopped. 10. It has also been averred in the writ petition that the Superintending Engineer, PHED, Circle Jalore vide order dated 24.03.2005 (Annex.10) has ordered to stop two annual grade increments, with cumulative effect. 11. 10. It has also been averred in the writ petition that the Superintending Engineer, PHED, Circle Jalore vide order dated 24.03.2005 (Annex.10) has ordered to stop two annual grade increments, with cumulative effect. 11. During the course of arguments, the learned Counsel for the petitioner submitted that review petitions filed by the petitioner are pending since long and Her Excellency the Governor of Rajasthan be requested to decide the review petitions (Annexs.2 and 5) filed by the petitioner, expeditiously and, meanwhile, the respondents be restrained from taking any action in pursuance of order dated 20.08.2002 (Annex.1) and order dated 19.06.2002 (Annex.4). It has also been submitted by the learned Counsel for the petitioner that till the review petitions are decided, operation of the letter dated 05.03.2005 (Annex.9) and order dated 24.03.2005 (Annex.10) may kindly be stayed. 12. The request made by the learned Counsel for the petitioner appears to be reasonable. 13. Looking to the facts and circumstances of the case and in the interest of justice, I request Her Excellency, the Governor of Rajasthan, to decide the review petitions (Annexs.2 and 5) filed by the petitioners, in accordance with law expeditiously, preferably within a period of two months from the date of receipt of this order. 14. Meanwhile, effect and operation of the letter dated 05.03.2005 (Annex.9) and order dated 24.03.2005 (Annex.10) shall remain stayed till the review petitions are decided by Her Excellency the Governor of Rajasthan. 15. With the aforesaid observations, the instant writ petition stands disposed of . No order as to costs.