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2012 DIGILAW 1273 (RAJ)

Mangi Lal v. State

2012-05-15

GOPAL KRISHAN VYAS

body2012
JUDGMENT 1. - Heard learned counsel for the petitioner. 2. In this writ petition, following prayer has been made by the petitioner:- "It is therefore, respectfully prayed that this writ petition may kindly be allowed and by an appropriate writ, order or direction, the impugned order dated 04.01.12 (Annex-1) may kindly be declared illegal be accordingly quashed and set aside. The respondent no.2 may kindly be directed to reinstate the petitioner on the post of Rozgar Sahayak with all consequential benefits. If during pendency of the writ petition, the respondent no.2 appoints any canddate to the post of Rojgar Sahayak under the respondent no.3, same may be declared illegal and set aside. Any other relief to which petitioner appears entitle to may kindly also be passed in favour of the petitioner." 3. Admittedly, petitioner was appointed on the contract basis on the post of Rozgar Sahayak. A contract agreement was executed by him and and an affidavit was also furnished by him in which following assertion was made:- " 3- eSa ;g Hkh 'kiFkiwoZd c;ku djrk gwWa fd f}rh; i{kdkj ds lkFk vuqcU/k vof/k ds nkSjku fdlh Hkh izdkj dk Hkz"V vkpj.k] jktdh; jkf'k dk nqfoZfu;kstu] xcu ;k fdlh Hkh izdkj dk vkijkf/kd d`R; ugha d:axkA ;fn esa mijksDr izdkj ds fdlh Hkh d`R; esa fyIr ik;k tkrk gwWa rks eq>s rqjUr in ls gVk;k tk ldsxkA " 4. During this tenure, petitioner was caught red handed by the Anti Corruption Bureau, Banswara and FIR for offence under Section 7(13)(1)(d) and 7(13)(2) of Prevention of Corruption Act is registered against the petitioner which is under investigation and for this reason, his services have been dispensed with as per affidavit furnished by him, therefore, this Court is of the opinion that petitioner is not entitled to any relief prayed in the writ petition, however, in the event of acquittal from the criminal charges levelled against him, petitioner will be at liberty to seek appropriate remedy. 5. With these observations, the writ petition is dismissed.Petition Dismissed. *******