Rajasthan High Court - Jaipur
Narottam Suman vs R P S C Ajemr on 3 April, 2012
Author: Mn Bhandari
Bench: Mn Bhandari
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER SB Civil Writ Petition No.9038/2010 Narottam Suman versus Rajasthan Public Service Commission 3.4.2012 HON'BLE MR. JUSTICE MN BHANDARI Mr Darshan Shree for petitioner Mr Shantanu Kumawat for Mr SN Kumawat for RPSC BY THE COURT:
The matter is listed on the application for early listing of the writ petition, however, with the consent of the parties, it is heard finally.
By this writ petition, a challenge is made to the order dated 21.1.2010 at Annexure-11, whereby, petitioner has been debarred to appear in RPSC selection forever.
Learned counsel for petitioner submits that a show cause notice was served on the petitioner on 27.8.2009 at Annexure-9. It was pursuant to para (5) (ii) of the decision of Full Commission dated 3.7.2000. The notice indicates as to why petitioner should not be debarred for his appearance in the selection for five years, however, contrary to the notice aforesaid, petitioner has been debarred from selections forever thus on this count alone impugned order deserves to be set aside.
Learned counsel for the Public Service Commission submits that while issuing notice at Annexure-9 case of the petitioner was found to be under para (5) (ii) of Commission's decision dated 4.7.2000, however, on consideration of the matter by the Full Commission, a decision was taken to debar him forever. Accordingly, court may not cause interference in the impugned order. This is more so when petitioner is one who was involved in malpractice at the examination centre.
I have heard learned counsel for the parties and perused the record.
The only ground raised before me is in reference to the show cause notice at Annexure-9, wherein, invoking para (5) (ii) of Commission's decision dated 4.7.2000, petitioner was asked to show cause as to why he should not be debarred from furhter selection for a period of five years. As against the aforesaid, impugned order debarring petitioner forever has been passed. In the aforesaid background, respondent Commission has exceeded to its jurisdiction by passing impugned order debarring petitioner for appearance for ever. A candidate served with the show cause notice for debarring him from selections for a period of five years, cannot be debarred for ever unless a show cause notice is amended. There is nothing on record to show or indicate that before passing impugned order, petitioner was ever called upon to show cause as to why he should not be debarred forever. In absence of material on record, impugned order cannot be sustained thus impugned order needs to be modified so as to make it in consonance to the show cause notice.
In view of aforesaid, this writ petition is partly allowed. The impugned order dated 21.1.2010 at Annexure-11 is modified to the extent that petitioner's debarration from selection will remain for a period of five years instead forever.
(MN BHANDARI), J.
bnsharma All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed.
(BN Sharma) PS-cum-JW