Supreme Court - Daily Orders
The State Of Rajasthan vs Raj Kumar Gupta on 23 February, 2018
Bench: Adarsh Kumar Goel, Uday Umesh Lalit
1
ITEM NO.12 COURT NO.10 SECTION XV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 2197/2018
(Arising out of impugned final judgment and order dated 21-07-2017
in DBSAW No. 798/2017 passed by the High Court of Judicature for
Rajasthan at Jaipur)
THE STATE OF RAJASTHAN Petitioner(s)
VERSUS
RAJ KUMAR GUPTA Respondent(s)
(IA No.22357/2018-CONDONATION OF DELAY IN FILING and IA
No.22359/2018-EXEMPTION FROM FILING O.T.)
Date : 23-02-2018 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
HON'BLE MR. JUSTICE UDAY UMESH LALIT
For Petitioner(s) Ms. Ruchi Kohli, AOR
Mr. Manish Malik, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
We have heard learned counsel for the petitioner and perused the record.
Delay condoned.
The respondent, aggrieved by the order of setting aside of the order of dropping departmental inquiry, filed the writ petition Signature Not Verified which was dismissed by learned Single Judge. Pending Digitally signed by SWETA DHYANI Date: 2018.02.24 appeal before the Division Bench, the impugned order reviving the 10:44:24 IST Reason:
departmental inquiry was stayed.
It is submitted by learned counsel for the petitioner 2 that the impugned order will amount to a final order as inquiry will stand suspended.
We are of the view that having regard to the nature of the interim order sought, the matter itself ought to have been disposed of after considering the effect of violation of natural justice. If it was found that prejudice was caused, notice could have been directed to be issued and the matter remitted back to the concerned authority.
In this view of the matter, we vacate the impugned order with liberty to the High Court to pass a final order in accordance with law.
The matter may be taken by the High Court at the earliest and preferably on 9th April, 2018. The petitioner may put the respondent to the notice of this order.
If the respondent is aggrieved by the above order, he will be at liberty to move this Court.
The special leave petition is disposed of in above terms. Pending applications, if any, are also stand disposed of.
(SWETA DHYANI) (SUMAN JAIN) SENIOR PERSONAL ASSISTANT BRANCH OFFICER