Karan Raj Jingar S/o Ram Deen Jingar v. State of Rajasthan
2022-01-20
ARUN BHANSALI
body2022
DigiLaw.ai
JUDGMENT : ARUN BHANSALI, J. 1. These writ petitions have been filed by the two petitioners reflecting upon the functioning of the respondent - Department as to in what manner, the Department chooses to deal with the matters, wherein, orders have passed by the Courts. 2. By order dated 6.7.2021, petitioner - Sanjay Mathur was placed APO on account of the fact that one Karan Raj Jingar was posted as S.E., Urban Improvement Trust, Bhilwara. It is claimed that the said Sanjay Mathur was on leave from 5.7.2021. Pursuant to the order dated 6.7.2021, said Karan Raj Jingar joined as Superintending Engineer, U.I.T., Bhilwara. 3. Sanjay Mathur being aggrieved by the order placing him APO, filed SBCWP No. 8788/2021. 4. A Coordinate Bench of this Court by order dated 13.7.2021, stayed the effect and operation of order dated 6.7.2021. Interestingly, though the order dated 6.7.2021 pertained both to Sanjay Mathur and Karan Raj Jingar, the said Karan Raj Jingar was not impleaded as party - respondent to the petition. The petitioner Sanjay Mathur produced the order dated 13.7.2021 before the respondents on 14.7.2021. However, as Karan Raj Jingar had already joined on the post, from which, Sanjay Mathur was made APO, the respondents started exercise to take stand pertaining to compliance of the directions given by the Court, whereby, the order dated 6.7.2021 was stayed. 5. The respondents instead of approaching this Court, started communicating among themselves as to in what manner the order of the court is to be complied with and/or the difficulties in complying with the directions given by the Court. However, none of them choose to approach this Court with regard to the purported difficulties faced by them in complying with the order dated 13.7.2021. 6. The petitioner Sanjay Mathur filed contempt petition, wherein, notices were issued and ultimately on 11.8.2021 i.e. almost after a month of passing of the order dated 13.7.2021, Karan Raj Jingar handed over the charge to the petitioner - Sanjay Mathur on 11.8.2021 and on 13.8.2021, the said Karan Raj Jingar was made APO and on 16.8.2021, he was relieved. 7. Karan Raj Jingar filed application in the petition filed by Sanjay Mathur for being impleaded as party and for vacation of the interim order. However, apparently no order on the impleadment application came to be passed.
7. Karan Raj Jingar filed application in the petition filed by Sanjay Mathur for being impleaded as party and for vacation of the interim order. However, apparently no order on the impleadment application came to be passed. Whereafter, on 27.9.2021, Karan Raj Jingar filed SBCWP No. 13633/2021 questioning the validity of order, whereby, charge was handed over by him on 11.8.2021 and on 13.8.2021, he was placed APO and both the petitions came to be tagged together. 8. During pendency of both the present writ petitions, certain orders were passed by the Court, seeking to ensure that Karan Raj Jingar, who was made APO and was not being paid his salary for all these months, be paid the requisite. 9. Pursuant thereof, it is claimed that for the period Karan Raj Jingar remained with the Urban Improvement Trust, Bhilwara, he has been paid salary and for the period he had remained with the State Government, the amount would be paid to him within a period of 15 days. 10. Learned counsel appearing for the State made submissions that the respondents have passed an order dated 18.1.2022, whereby, the petitioner - Karan Raj Jingar, who was APO, has been repatriated to his parent department i.e. Rajasthan Housing Board. 11. The above sequence of events clearly completes the entire circle, whereby, the entire issue started with Karan Raj Jingar, who is employee of Rajasthan Housing Board, being sent on deputation to the Urban Development Department and was posted as Superintending Engineer, U.I.T., Bhilwara and now the deputation has been put to an end. 12. Learned counsel appearing for the petitioner - Karan Raj Jingar made vehement submissions that the entire conduct of Sanjay Mathur leaves much to be desired, inasmuch as, when on 13.7.2021, his petition came up before the court, he was well aware that Karan Raj Jingar has already joined pursuant to the order dated 6.7.2021 on 7.7.2021, neither he impleaded Karan Raj Jingar as party respondent to the petition nor the said fact was pointed out to the Court, resulting in, passing of the order by this Court staying the operation of the order. 13.
13. Submissions have also been made that even when the order dated 13.7.2021 was produced before the respondents, the respondents instead of taking steps with regard to bringing correct facts before the Court, indulged in corresponding among themselves, resulting in, petitioner - Karan Raj Jingar being left high and dry. The petitioner on his part made attempts by filing application for impleadment in the writ petition filed by Sanjay Mathur and by filing another writ petition being SBCWP No. 13633/2021, however, for no specific reason, the matters remained pending and now the order dated 18.1.2022 has been passed by the respondents seeking to put his deputation to an end. 14. Learned counsel appearing for the State made submissions that as the order dated 18.1.2022 has been passed, whereby, the deputation of Karan Raj Jingar has been put to an end, insofar as, his petition is concerned, the same has been rendered infructuous. Qua the petition filed by Sanjay Mathur, it was very conveniently submitted that the State is yet to respond to the said petition. 15. Further submissions were made regarding payment to be made to Karan Raj Jingar, as noticed hereinbefore, within a period of 15 days, as to why he was not paid salary for all this period when he was APO, nothing has been indicated. 16. As already noticed hereinbefore, the entire sequence of events leaves much to be desired on part of the respondent department in dealing with the officers as well as the pending matters before the Court. Once the order dated 6.7.2021 came to be stayed by this Court on 13.7.2021, in case the respondents had any difficulty in implementing the said order, the natural consequences should have been in approaching this Court pointing out difficulties, if any. 17. Instead, the officers took it on themselves in seeking to interpret and/or find a way out of the order passed by the Court, which led to filing of the contempt petition and apparently on account of the pressure of the contempt petition, were forced to comply with the directions given by the Court by handing over the charge to Sanjay Mathur on 11.8.2021 and as a natural consequence, making Karan Raj Jingar APO. 18.
18. The attempt on part of the respondents in not even filing reply to the writ petition filed by Sanjay Mathur, though order dated 6.7.2021, whereby, the department choose to get Karan Raj Jingar on deputation and post him at Bhilwara, also is wholly inexplicable, no reason has been indicated in waiting for over five months in not responding to the petition. 19. Be that as it may, this is not for the first time that this Court has been forced to comment on the conduct of the officers of the respondent department in dealing with its officers and pending court matters, however, as in the past, observations have fell on deaf ears. However, it is expected of the powers that be that it is high time where the matters, which came before the Court and orders are passed, they are duly either complied with and/or in case of difficulty in complying with the orders, the Court must be approached instead of communicating among officers themselves trying to find a way out of the orders passed by the Court. 20. Insofar as, the present petitions are concerned, on account of subsequent development, whereby order dated 18.1.2022 has been passed, the writ petition filed by petitioner - Karan Raj Jingar being SBCWP No. 13633/2021, has been rendered infructuous. The same is, therefore, dismissed as having become infructuous. 21. The respondents are directed to make payment of all his dues by 5th February, 2022. 22. On failure to make the payment of all his dues by then, the amount would carry interest @ 9% per annum from the date the month by month amount has become due. 23. So far as the petition filed by Sanjay Mathur is concerned, as pursuant to the interim order dated 13.7.2021, he has been given the charge from where he was made APO and as the reason, for which, he was made APO, also has come to an end i.e. posting of Karan Raj Jingar at Bhilwara, the said petition also has been rendered infructuous. The same is, therefore, dismissed as having become infructuous. 24. Insofar as, the order dated 18.1.2022 passed by the respondents is concerned, in case, the petitioner - Karan Raj Jingar feels aggrieved by the said order, it will always be open for him to question the validity of the said order, in accordance with law. 25.
The same is, therefore, dismissed as having become infructuous. 24. Insofar as, the order dated 18.1.2022 passed by the respondents is concerned, in case, the petitioner - Karan Raj Jingar feels aggrieved by the said order, it will always be open for him to question the validity of the said order, in accordance with law. 25. A copy of this order be placed before the Principal Secretary, Urban Development Department.