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2019 DIGILAW 1686 (RAJ)

RAJENDRA KUMAR PURBIA v. STATE OF RAJASTHAN

2019-05-29

ARUN BHANSALI

body2019
JUDGMENT : 1. This writ petition has been filed by the petitioner with the following reliefs:- "It is, therefore, most humbly and respectfully prayed that:- (a) by an appropriate writ, order or direction the writ petition filed by the petitioner may kindly be allowed. (b) by an appropriate writ, order or direction, impugned action on the part of the respondent authorities in proposing disciplinary proceedings under Rule 16 of the CCA Rules against the petitioner and not dropping the same till today in spite of closing the said proceedings at the level of proposal itself vide Letter dated 20.07.2017 (Annx.14) may kindly be declared illegal and accordingly, the entire proceedings as proposed against the petitioner under Rule 16 of the CCA Rules way back in the year 2014 may kindly be quashed and set aside forthwith. (c) by an appropriate writ, order or direction, the respondent authorities may kindly be directed to regularize the period of suspension of the petitioner from 13.02.2014 to 26.07.2015 as recommended vide Note-sheet dated 22.11.2017 (Annex.16) and accordingly, make payment of due amount of salary and other allowances of suspension period of the petitioner in his favour forthwith. (d) by an appropriate writ, order or direction, the respondent authorities may also kindly be directed to finalize all due service benefits including 7th Pay Commission etc. as well as retiral benefits including pension case of the petitioner forthwith. (e) by an appropriate writ, order or direction, the respondent authorities may further kindly be directed to pay interest @ 18% per annum on the delayed payment of salary and other allowances pertaining to the suspension period as well as due service / retiral benefits including pension, if any, forthwith. (f) by an appropriate writ, order or direction, the respondent authorities may also kindly be directed to grant all other consequential benefits in favour of the petitioner as per rules." 2. It is submitted by learned counsel for the petitioner that vide Annex.20, the Principal of the school after noticing the entire sequence of events has concluded that there was no material to support the allegations against the petitioner and therefore, proposal for initiating disciplinary proceedings be filed / closed. However, the respondents have not taken any action thereof and the petitioner is due to retire on 30.06.2019. 3. However, the respondents have not taken any action thereof and the petitioner is due to retire on 30.06.2019. 3. In the overall circumstances of the case, wherein for over four years, the issue has remained pending without any progress beyond proposing a charge-sheet against the petitioner and it has come on record categorically that no material in this regard against the petitioner is available and the petitioner is due to retire on 30.06.2019, the respondents are directed to pass an appropriate order pursuant to the recommendation made by the Principal (Annex.20) within a period of two weeks from the date a certified copy of this order is placed before the respondents. 4. The petitioner would be free to file a representation also in this regard. 5. With the above directions, the writ petition filed by the petitioner stands disposed of.