Rajasthan High Court - Jodhpur
Jogendra Singh Rajpurohit vs State (Rural Deve.& Pan. Raj.) & Ors on 1 May, 2012
Author: Govind Mathur
Bench: Govind Mathur
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S.B.CIVIL WRIT PETITION NO. 4198/2012
Jogendra Singh Rajpurohit
Vs.
State of Rajasthan & Ors.
DATE OF ORDER : 01.5.2012
HON'BLE MR. JUSTICE GOVIND MATHUR
Mr. Narendra Singh, for the petitioner.
...
As a consequent to agreement dated 28.2.2011 the services of petitioner were utilized by the respondents as District Coordinator (Information, Education and Communication). Initially the contractual appointment was for a term of one year but the same was extended upto 28.2.2012. Prior to it, a notice (Anex.8) was served upon the petitioner seeking his explanation for remaining wilful absent on several occasions. Being dis-satisfied with the explanation given by the petitioner on 3.12.2011, the Additional District Programme Coordinator cum Chief Executive Officer, Zila Parishad, Sirohi dis-continued the petitioner from service. Being aggrieved by the same, this petition for writ is preferred.
It is submitted by learned counsel for the petitioner that the respondents have passed the order impugned in utter violation of principles of natural justice inasmuch as no reason is given under the order impugned for holding the petitioner guilty for the alleged misconduct.
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Heard.
It is not in dispute that the petitioner was working on contractual basis and as per Condition No.5(iv) of the agreement adequate action could have been taken against him in the event of unauthorised or wilful absence.
Be that as it may, the issue as to whether the petitioner remained absent from duties wilfully or not is required to be examined by leading evidence and such facts can't be examined in writ jurisdiction of this Court, as such, I am not inclined to invoke writ jurisdiction of this Court in the instant matter. The petition for writ is dismissed accordingly. The petitioner is at liberty to avail appropriate remedy for the redressal of his grievance.
(GOVIND MATHUR), J.
Sanjay