State of Rajasthan through Principal Secretary to the Government, Education Department, Secretariat, Jaipur v. Koshliya Devi W/o Late Shri Mangi Lal Jingar
2016-08-12
NAVIN SINHA, PANKAJ BHANDARI
body2016
DigiLaw.ai
ORDER : 1. The present appeal is barred by delay of 117 days. 2. The primary grievance of the Appellants is with regard to costs of Rs.5 lacs imposed by the Learned Single Judge in S.B. Civil Writ Petition No.806/2009 because of the delay in providing compassionate appointment, which now has admittedly been done. 3. We have considered the submissions on behalf of the parties and find substance in the submission of the Appellants that grant of compensation of Rs.5 lacs was excessive. We are further of the considered opinion that this amount will have to be paid from the Government coffer from the tax payers money, as there is no direction for recovery from any particular officer, who may have been negligent in discharge of duties. 4. We therefore modify the order under appeal dated 9.7.2014 by recalling the payment of compensation for Rs.5 lacs and substituting it with the following order. 5. The Principal Secretary, Education Department, Government of Rajasthan is directed to himself hold an administrative enquiry into the matter, identify the delinquent, fix responsibility on the delinquent officer concerned and then take further steps against the concerned in accordance with the Service Rules regulating the delinquent. 6. The Principal Secretary must complete this exercise within a maximum period of six months from today. Since this order have been passed in presence of the counsel for the State it shall be no justification for the Principal Secretary to urge that he was not aware of the order or the time limitation fixed for compliance. 7. Delay is condoned and the appeal is disposed at this stage itself with consent of the parties.