Rajasthan High Court - Jodhpur
Sukhdev Singh vs . State Of Rajasthan & Ors. on 21 August, 2014
Author: Vineet Kothari
Bench: Vineet Kothari
S.B. Civil Writ Petition No.740/2013
Sukhdev Singh Vs. State of Rajasthan & Ors.
Order dated 21/08/2014
1/3
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
ORDER
S.B. Civil Writ Petition No.740/2013
Sukhdev Singh Vs. State of Rajasthan & Ors.
Date of Order :::: 21st August, 2014
PRESENT
HON'BLE Dr. JUSTICE VINEET KOTHARI
Appearance:
Mr. Sukhdev Singh, petitioner present in person.
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BY THE COURT:
1. The lawyers are observing strike which is contrary to various Supreme Court decisions.
2. Heard the petitioner, who is present in person. None is present on behalf of respondents.
3. Perused the record. The case is listed at Serial No.46 in today's cause list in "for orders" category. The writ petition has been filed on 21.01.2013 with the following prayers: -
"It is, therefore, most humbly prayed that this writ petition may kindly be allowed with cost and by an appropriate writ, order or direction: -
(i)The impugned letter no.21 dt. 12.01.2013 (Annex.-1) may kindly be quashed and set aside and the respondents may kindly be directed to give joining to the petitioner on the post of Senior Teacher (Maths) S.B. Civil Writ Petition No.740/2013 Sukhdev Singh Vs. State of Rajasthan & Ors.
Order dated 21/08/2014 2/3 at Govt. Secondary School, Village Bani, Panchayat Samiti Dag, District Jhalawar.
(ii)The condition no.3 in the appointment order dt. 02.01.2013 (Annex.-3) be quashed and set aside to the extent that it debars the petitioner from joining the post of Senior Teacher (Maths).
(iii)Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.
(iv)Costs of the writ petition may kindly be awarded to the petitioner."
4. It is submitted that the petitioner has not been issued the appointment order for the post of Teacher (Maths) as there was some criminal case pending against him for the offence punishable under Section 457, 354, 323, 504 and 34 of IPC. The petitioner submits that the competent court vide the judgment and order dated 25.01.2014 has acquitted him from the charges levelled against him. The copy of the judgment dated 25.01.2014 is placed on record as Annex.A/1. After passing of the acquittal order, the petitioner submitted a representation to the Deputy Director, Secondary Education, Kota, copy whereof is placed on record as Annex.A/3 filed with an interlocutory application (IA No.941/14).
5. Having heard the petitioner, who is present in person, and upon perusal of the record, the writ petition filed by the petitioner is disposed of with a direction to the authority concerned i.e., Deputy Director, Secondary Education, Kota, to decide the pending representation of the petitioner in accordance with law by a detailed S.B. Civil Writ Petition No.740/2013 Sukhdev Singh Vs. State of Rajasthan & Ors.
Order dated 21/08/2014 3/3 speaking order after giving him an opportunity of hearing to the petitioner. The representation of the petitioner may be decided within a period of three months from today. No costs. A copy of this order be sent to the concerned parties forthwith.
(Dr. VINEET KOTHARI), J.
DJ/-
46