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2017 DIGILAW 2673 (RAJ)

Mahendra Pal S/o Shri Pukha Ram v. State of Raj.

2017-12-04

ARUN BHANSALI

body2017
ORDER : ARUN BHANSALI, J. 1. An application has been filed by the respondent State inter alia indicating that the issue raised in the present writ petition is squarely covered by the judgment of this court in Mohd. Rafiq v. State of Rajasthan: S.B Civil Writ Petition No. 10747/2010 decided on 15/4/2013 and, therefore, the present writ petition may also be decided in light of the said judgment. 2. Counsel for the petitioner though tried to make submissions that the issue raised in the present writ petition requires different treatment, looking to the circumstances of the case that both the petitioner as well as Mohd. Rafiq, the petitioner in the other writ petition, were issued identical charge sheets for the alleged similar misconduct committed by them, which was questioned by the petitioner by filing the present writ petition, no distinction can be made in the case of petitioner with that of Mohd. Rafiq. 3. The coordinate Bench of this Court while deciding the case of Mohd. Rafiq (supra) observed as under:— “By the memorandum dated 05.08.2010, the petitioner has been directed to submit his explanation for a charge of misconduct. No decision is yet taken by the disciplinary authority to proceed against the petitioner with regular disciplinary enquiry, as such, I do not find any reason to interfere with the matter at this stage. Accordingly, the writ petition is dismissed. However, the respondents shall consider the explanation that is already given by the petitioner in light of the averments contained in documents Annex.1 and 2 and also looking to the duties assigned to a “Sais”. Such decision is required to be taken within a period of three months from today.” 4. In view of the above, the present writ petition filed by the petitioner is also dismissed with similar observations made in the case of Mohd. Rafiq (supra).