Rajasthan High Court - Jaipur
Dinesh Kumar Kalal vs . State Of Rajasthan And Others on 25 August, 2015
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.9815/2015 With Stay Application No.8612/2015 Dinesh Kumar Kalal Vs. State of Rajasthan and Others Date of Order ::: 25.08.2015 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Tanveer Ahmed, counsel for petitioner #### By the Court:-
It is contended that pursuant to advertisement issued by respondents, petitioner, vide order dated 04.07.2013, was appointed on the post of Lower Division Clerk in Panchayat Samiti, Pidawa, District Jhalawar. While verification of his character, the Superintendent of Police, Jhalawar reported that in Case No.242/1999 registered under Sections 147, 148, 149 and 323 IPC, the court, vide order dated 24.10.2008, while granting benefit of Section 3 of the Probation of Offenders Act, made admonition and that another Case No.159/2012 under Sections 341, 323, 325 and 308 of the IPC, is pending against him in the Court. Based on such character verification report, the Chief Executive Officer, Zila Parishad, Jhalawar, vide letter dated 10.07.2013, sought guidelines from the Panchayati Raj Department, Jaipur, and directed appointment of petitioner to be kept in abeyance till such guidelines are received. So far, no such guidelines have been issued by the Panchayati Raj Department. It is submitted that petitioner has not concealed any material fact and due to pendency of criminal case, appointment of a candidate cannot be withheld and benefit of Probation of Offenders Act, will not attach any disqualification. Appointment of petitioner has been kept in abeyance for last about two years because of pendency of criminal case, which has caused serious prejudice to petitioner. Hence this writ petition.
Having regard to the facts of the case, writ petition is disposed of requiring petitioner to approach respondent the Principal Secretary to the Government, Rural Development & Panchayati Raj Department, Government Secretariat, Jaipur, by filing representation along-with copy of this order, who shall, after verifying the facts afore-stated, consider and decide the same by appropriate speaking order within a period of two months from the date of its making, addressing his grievance or otherwise give reasons.
This also disposes of stay application.
(Mohammad Rafiq) J.
//Jaiman//77 All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Giriraj Prasad Jaiman PS-cum-JW