Rajasthan High Court - Jodhpur
State Of Raj. & Ors vs Smt. Koshliya Devi on 12 August, 2016
Author: Pankaj Bhandari
Bench: Navin Sinha, Pankaj Bhandari
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
D.B.CIVIL SPECIAL APPEAL (WRIT) NO.32/2015
1. State of Rajasthan through Principal Secretary to
the Government, Education Department, Secretariat,
Jaipur.
2. The Principal Secretary to the Government, Rural
Development and Panchayati Raj Department,
Governemnt of Rajasthan, Jaipur.
3. The Director, Rural Development and Panchayati
Raj Department, Government of Rajasthan, Jaipur.
4. The Commissioner, Elementary Education,
Rajasthan, Bikaner.
5. The District Education Officer (Elementary), Pali.
6. The Chief Executive Officer, Zila Parishad, Pali.
7. The Block Elementary Education Officer,
Panchayat Samiti Sojat City, district Pali.
8. The Deputy Director (Elementary Education),
Jodhpur.
........APPELLANTS.
Versus
Smt.Koshliya Devi w/o Late Shri Mangi Lal Jingar, by
caste Jingar, r/o Jingaro Ka Mohalla, Bagari Nagar,
tehsil Sojat, district Pali (Raj.).
......RESPONDENT
Date of Order : 12.8.2016
HON'BLE THE CHIEF JUSTICE MR.NAVIN SINHA
HON'BLE MR.PANKAJ BHANDARI,J.
Smt.Raghuraj Kanwar for the Appellants.
Mr.S.N.Goswami for the Respondent.
ORDER
2 The present appeal is barred by delay of 117 days.
The primary grievance of the Appellants is with regard to costs of Rs.5 lacs imposed by the Learned Single Judge in S.B.Civil Writ Petition No.806/2009 because of the delay in providing compassionate appointment, which now has admittedly been done.
We have considered the submissions on behalf of the parties and find substance in the submission of the Appellants that grant of compensation of Rs.5 lacs was excessive. We are further of the considered opinion that this amount will have to be paid from the Government coffer from the tax payers money, as there is no direction for recovery from any particular officer, who may have been negligent in discharge of duties.
We therefore modify the order under appeal dated 9.7.2014 by recalling the payment of compensation for Rs.5 lacs and substituting it with the following order.
The Principal Secretary, Education Department, Government of Rajasthan is directed to himself hold an administrative enquiry into the matter, identify the delinquent, fix responsibility on the 3 delinquent officer concerned and then take further steps against the concerned in accordance with the Service Rules regulating the delinquent.
The Principal Secretary must complete this exercise within a maximum period of six months from today. Since this order has been passed in presence of the counsel for the State it shall be no justification for the Principal Secretary to urge that he was not aware of the order or the time limitation fixed for compliance.
Delay is condoned and the appeal is disposed at this stage itself with consent of the parties. (PANKAJ BHANDARI),J. (NAVIN SINHA),C.J. Parmar