Rajasthan High Court - Jodhpur
Guman Singh vs . State Of Rajasthan & Ors. on 2 September, 2014
Author: Vineet Kothari
Bench: Vineet Kothari
S.B. CIVIL WRIT PETITION NO. 9554/2012.
Guman Singh Vs. State of Rajasthan & Ors.
Order dated 02/09/2014
1/6
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
:: O R D E R ::
S.B. CIVIL WRIT PETITION NO. 9554/2012.
Guman Singh Vs. State of Rajasthan & Ors.
Date of Order :::: 02nd September, 2014.
PRESENT
HON'BLE Dr. JUSTICE VINEET KOTHARI
Appearance:
None present for the petitioner.
None present for the respondents.
--
BY THE COURT:
1. The lawyers are observing strike which is contrary to various Supreme Court decisions. Name of Mr. Deelip Kawadia, counsel for the petitioner, is shown in the cause list. Name of Mr. Anil Bissa, Addl. Govt. Counsel is also shown in the cause list.
2. The case is listed in today's cause list at Serial No.29 in the category "admission with notice served-reply filed". The present writ petition has been filed by the petitioner on 11.09.2012 seeking following relief(s): -
S.B. CIVIL WRIT PETITION NO. 9554/2012. Guman Singh Vs. State of Rajasthan & Ors.
Order dated 02/09/2014 2/6 "(a) It is therefore humbly prayed that the writ petition may kindly be allowed with cost and the impugned order dated 03.09.12 (annexure-3) may kindly be quashed and set aside.
(b) That any other appropriate writ or order or direction which is favourable to the petitioner, in the facts and circumstances of the case, may kindly be granted to the petitioner."
3. While issuing notices to the respondents, a coordinate bench of this Court granted the following interim order on 12.09.2012, which is also quoted herein below for ready reference: -
"Issue notice as to why this petition for writ be not admitted. Issue notice of the stay application also.
In the meanwhile and until further orders, the District Education Officer (Elementary), Dungarpur is directed not to pass any order of suspension pertaining to the petitioner in pursuant to the order dated 03.09.2012 passed by the Collector, Dungarpur. If any order of suspension has already been passed, then the same shall be revoked forthwith."
4. By the impugned order (Annex.P/3) dated 03.09.2012, the District Collector, Dungarpur, had asked the respondent District Education Officer, Elementary Education, S.B. CIVIL WRIT PETITION NO. 9554/2012.
Guman Singh Vs. State of Rajasthan & Ors.
Order dated 02/09/2014 3/6 Dungarpur to initiate departmental enquiry against the petitioner and place him under suspension while being Government servant he was found indulged in political activities. The impugned order (Annex.3) dated 03.09.2012 is also quoted herein below for ready reference: -
"र जस न सरक र क र लर जजल कलक र, डगरपर (र जस न) कम क सस पन/2012/3385-87 द न क 03.09.2012 वस , जजल श क अध"क र# (प रश%क) डगरपर ववषर:-श) गम न शसह, अधर पक, र जक,र उच/ म धरशम ववद लर, ब ल ई द र र जक,र सव म4 रह हए र जन6त क गत ववध"र8 म4 % ग लन बब ।
पसग:- जजल पशलस अ")कक, डगरपर क पत कम क व-
13 डगर-अप/2012/ 16640 द न क 01.09.2012.
जजल पशलस अ")कक, डगरपर स प प ररप= मर
अखब र कद ग एव फ= =-ग फ क स सलगन पवष
कर लख ह6 कक पकरण क, ग%)र क= दवEग रख
हए श) गम र शसह, अधर पक, र जक,र उच/ म धरशमक ववद लर, ब ल ई क= तनलजFब ककर ज न क आ पस रर कर तनरम नस र वव% ग)र ज / प र% क, ज व क, गई क रव ह# स तक ल अवग कर व।
Sd/-
जजल कलक र, डगरपर द न क 03.09.2012"
S.B. CIVIL WRIT PETITION NO. 9554/2012.
Guman Singh Vs. State of Rajasthan & Ors.
Order dated 02/09/2014 4/6
5. Upon receipt of the notices, the respondent- Department has filed reply to the writ petition and has contested the writ petition. The relevant para No.3 and 4 of the reply are quoted herein below for ready reference: -
"3. That the averments contained in para No.3 of the writ petition are denied because the allegation levelled in this para about social difference and personal enmity between respondent No.6 and Kshatriya Mahasabha is false because petitioner has not mentioned any instance of enmity, whereas the recommendations to the Collector to initiate disciplinary proceedings against the petitioner is on the report of the SHO Police Station Aspur. The copy of report of SHO is submitted herewith and marked as Annexure-R/1. That by mere perusing anneuxre R/1 will show the complete story of petitioner giving protection to the antisocial elements and creating the law and order situation. Thus his conduct comes in the definition of misconduct being a Government employee. Hence, the respondent No.6 rightly communicated to the Collector for initiating disciplinary action against the petitioner.
4. That averments contained in para No.4 of the writ petition are denied because petitioner is posted as teacher grade III in government Senior Secondary School, Balai, and being a government S.B. CIVIL WRIT PETITION NO. 9554/2012. Guman Singh Vs. State of Rajasthan & Ors.
Order dated 02/09/2014 5/6 employee, he is also member of Samta Manch and Chairman of Shatriya Bangar Rajput Samaj. Hence, his activities comes under the definition of misconduct. It is further humbly submitted that on 21.08.2012 the SHO Aspur checked the history sheeter of Aspur Shri Kamlendra Singh son of Himmat Singh in the night and warned him to keep good behavior and the petitioner deliberately publicized that police has threatened Kamlendra Singh and forced him to take poison and made a Dharna with the help of political parties before the police station and put pressure on the local MLA and the higher authorities to remove the SHO immediately. This caused law and order situation and the same was maintained with the help of police force of other police stations. Thus it is clear that petitioner is actively participating in political activities which is prohibited under the service rules, hence, the respondent No.6 on the report of SHO has rightly recommended for disciplinary action against the petitioner. Thus the allegations of enmity or revengeful intention in recommending disciplinary action against the petitioner are totally false. These allegations are made merely to divert the mind of this Hon'ble Court from the activities of the petitioner."
6. Having perused the record, this Court is of the opinion that it is premature for this Court to interfere in such S.B. CIVIL WRIT PETITION NO. 9554/2012.
Guman Singh Vs. State of Rajasthan & Ors.
Order dated 02/09/2014 6/6 administrative actions being taken against the petitioner, a Government servant, and the Court cannot presume that the petitioner has not indulged in any political activities while being a Government servant. Therefore, departmental and disciplinary action could not be stalled by exercise of jurisdiction under Article 226 of the Constitution of India extending such a protection to the petitioner.
7. This Court is, therefore, satisfied that the writ petition filed by the petitioner has no merit and the same deserves to be dismissed while granting liberty to the respondents to proceed with initiating appropriate action in this regard against the petitioner and the petitioner is expected to participate and cooperate in such enquiry, if any, initiated against him. The writ petition is, accordingly, dismissed. No costs. A copy of this order be sent to the concerned parties forthwith.
(Dr. VINEET KOTHARI), J.
DJ/-
29