Full Judgment
S.B.Civil Writ Petition No.6801/2014 Aziz Mohammed Sheikh versus State of Rajasthan & ORS.Order dt: 01/10/2014 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER
S.B.Civil Writ Petition No.6801/2014 Aziz Mohammed Sheikh versus State of Rajasthan & ORS.Date of Order ::: 01st October, 2014 PRESENT HON'BLE Dr.
JUSTICE VINEET KOTHARI Mr.Mukesh Vyas, for the petitioner.
-- BY THE COURT: 1.
The petitioner was working as 'Gram-Sevak' in the respondent Panchayat Samiti- Kapasan, District: Chittorgarh and he was placed under suspension vide order (Annex.1) dated 25.11.2010 in contemplation of enquiry initiated against him vide Annex.2 dated 10.12.2010.
2.
Mr.Mukesh Vyas, learned counsel for the petitioner submitted that after holding the enquiry in the matter, vide the order dated 18.01.2011, penalty of imposition of stoppage of two annual grade increment without cumulative effect for period 2011- 12 and 2012-13, has been imposed on the petitioner, referred to in the Annex.4, copy of the service book.
He further submitted that thereafter the petitioner has been making constant representations to the concerned authorities and the Hon'ble the S.B.Civil Writ Petition No.6801/2014 Aziz Mohammed Sheikh versus State of Rajasthan & ORS.Order dt: 01/10/2014 2/3 Minister for his reinstatement and revocation of the suspension since enquiry against him has already been concluded and penalty order has also been passed but no heed has been paid to the same, therefore, the petitioner has preferred this writ petition on 22.09.2014 seeking following reliefs: - “It is, therefore, respectfully prayed that record of the case may be called for and by an appropriate writ, order or direction: (i)The respondents may kindly be directed to consider the case of petitioner for revocation of suspension immediately and accordingly the order dated 25.11.2010 (Anx.1) may be quashed and set aside and the petitioner may be reinstated in service with all consequential benefits.
(ii)That the respondents may kindly be directed to allow the petitioner all service i.e.regular pay scale, D.A.etc.benefits which have been withheld due to imposing of suspension upon the petitioner, with all consequential benefits.
(iii)Any other relief to which the petitioner is entitled, may be granted in his favour.
(iv)The writ petition may be allowed with costs.”
.
3.
After hearing the learned counsel for the petitioner, this Court is not inclined to interfere in the matter in the writ jurisdiction under Article 226 of the Constitution of India.
It is for S.B.Civil Writ Petition No.6801/2014 Aziz Mohammed Sheikh versus State of Rajasthan & ORS.Order dt: 01/10/2014 3/3 the respondent Department and the concerned appointing authority to consider the case of the petitioner for revocation of the suspension order or reinstatement, once the enquiry against the petitioner has been concluded and if any other disciplinary action is not pending against the petitioner, the respondent Department ought to have considered the case of the petitioner in accordance with law.
The petitioner will be also at liberty to cite the relevant Government Circular for revocation of the prolonged suspension before the concerned authority but no such mandamus directions can be issued by this Court, as prayed for.
4.
Accordingly, the present writ petition is found to be devoid of any force and the same is hereby dismissed.
No costs.
A copy of this order be sent to the concerned parties forthwith.
(Dr.
VINEET KOTHARI).J.
DJ/- 11