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2022 DIGILAW 1022 (RAJ)

Ramkumar Jat v. The State Of Rajasthan Through Secretary

2022-03-30

ARUN BHANSALI

body2022
ORDER 1. This writ petition has been filed by the petitioner aggrieved against the order dated 23.11.2021 (Annex.1) whereby the petitioner has been placed Awaiting Posting Order ('APO') and the order dated 26.11.2021 (Annex.4) whereby pursuant to said order, the petitioner has been relieved. 2. It is, inter-alia, indicated in the writ petition that while working as Land Record Inspector at Circle- Kherwada, Tehsil Kherwada, District Udaipur, by order dated 23.11.2021 the petitioner has been placed APO purportedly indicating for administrative reason. Submissions have been made that the action of the respondents is not justified and is contrary to the provisions of Instructions issued under Rule 25A of the Rajasthan Service Rules, 1951 ('the RSR') and, therefore, the order impugned deserves to be quashed and set aside. 3. By order dated 13.12.2021, it was ordered that in case the petitioner has not been relieved pursuant to order dated 23.11.2021 (Annex.1), he shall not be relieved. 4. A response to the writ petition has been filed by the respondents, inter-alia, indicating that during 'iz'kklu xkaoksa ds lax' campaign, a complaint was made against the petitioner regarding demand of bribe for change of land use and as such, the order was passed placing the petitioner APO. Further submissions have been made that the order impugned does not call for any interference, however, it is conceded that on account of interim order granted by the Court, the petitioner continues to remain posted at the place from where he was placed APO. 5. I have considered the submissions made by the counsel for the parties and have perused the material available on record. 6. The practice of placing an officer APO, on the purported ground of having received a complaint by indicating that said order has been passed for administrative reason, is essentially taking a easy route qua the complaint received against the officer and by placing the petitioner APO, who is subsequently transferred to some other place and the complaint, which is made, remains unattended and/or is prima-facie accepted by the authorities without any consequence. Such a practice on the part of the respondents cannot be countenanced and is essentially contrary to the instructions issued by the State under Rule 25A of the RSR. 7. Consequently, the order dated 23.11.2021 (Annex.1) cannot be sustained, the same is therefore, quashed and set aside. Such a practice on the part of the respondents cannot be countenanced and is essentially contrary to the instructions issued by the State under Rule 25A of the RSR. 7. Consequently, the order dated 23.11.2021 (Annex.1) cannot be sustained, the same is therefore, quashed and set aside. It will be open for the respondents to pass appropriate order in accordance with with law. The writ petition stands disposed of accordingly.