Rajasthan High Court - Jaipur
Dr. Shivram Meena S/O Shri Hariram Meena vs State Of Rajasthan on 23 November, 2021
Author: Mahendar Kumar Goyal
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 12263/2021
Dr. Shivram Meena S/o Shri Hariram Meena, aged about 59
Years, R/o Plot No. 42, Taranagar, Jagatpura, Jaipur at present
working on the post of Principal Medical Officer, In Govt. District
Hospital, Dausa (Raj.)
----Petitioner
Versus
1. State of Rajasthan, through Principal Secretary, Medical
and Health Services, Govt. of Rajasthan, Jaipur.
2. Dy. Secretary, Medical & Health Group-2, Govt. of
Rajasthan, Jaipur.
3. Dr. Deepak Sharma S/o Shri Girraj Prasad Sharma, R/o B-
9, Indira Colony, Agra Road, Dausa at present working on
the post Of Sr. Medical Officer, at District Hospital Dausa.
----Respondents
For Petitioner(s) : Mr. Rajendra Prasad, Sr. Adv. with Mr. R.D. Meena For Respondent(s) : Mr. Vijay Pathak HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 23/11/2021 This writ petition is directed against the orders dated 12.08.2021 and 23.09.2021 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur (for short 'the learned Tribunal') whereby the appeal and the review application respectively filed by respondent No.3 herein, have been allowed. The writ petition also assails the validity and legality of the order dated 18.10.2021 passed by the official-respondents.
Learned senior counsel for the petitioner submits that the orders impugned dated 12.08.2021 and 23.09.2021 have been passed by the learned Tribunal allowing the appeal as also the (Downloaded on 23/11/2021 at 09:45:21 PM) (2 of 2) [CW-12263/2021] review application filed by respondent No.3 without even issuing notice to the respondents including the present petitioner who was respondent No.3 therein. He submits that it is trite law that any order passed exparte without issuing notice to the respondents adversely affecting their rights, is void ab initio and deserves to be quashed and set aside. He, in support of his submissions relies upon a judgment of this Court dated 23.10.2021 passed in SBCWP No.8307/2021 Manohar Singh Vs. State of Rajasthan & Ors. He, therefore, prays that the orders impugned in the writ petition be quashed and set aside and the matter be remanded back to the learned Tribunal for decision of the appeal afresh after affording all the respondents an opportunity of hearing.
Learned counsel appearing for respondent No.3 did not dispute the aforesaid factual as well as legal position and submits that he has no objection if the matter is remanded back to the learned Tribunal for decision afresh on appeal.
In view thereof, this writ petition is allowed. The order dated 12.08.2021 as also the order order dated 23.09.2021 passed by the learned Tribunal are quashed and set aside. The matter is remanded back to the learned Tribunal for decision afresh in the appeal after affording all the respondents an opportunity of hearing. All consequential order(s) passed in pursuance of the orders of the learned Tribunal also stand quashed and set aside.
The parties are directed to remain present before the learned Tribunal on 30.11.2021.
(MAHENDAR KUMAR GOYAL),J RAJAT KUMAR/84 (Downloaded on 23/11/2021 at 09:45:21 PM) Powered by TCPDF (www.tcpdf.org)