STATE OF RAJASTHAN v. SANT KUMAR SON OF SHRI MOMAN RAM
SAW/871/2025 · 2025-07-23
Chandra Prakash Shrimali, Sanjeev Prakash Sharma
body2025
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[ 2025 DAILYLAW 21389 (RAJ) · dailylaw.ai ]
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[ 2025 DAILYLAW 21389 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:27548-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Special Appeal (Writ) No. 871/2025
1. State of Rajasthan, Through Its Secretary, Department of Home, Government Secretariat, Jaipur (Raj.)
2. Director General of Police, Police Head Quarter, Lal Kothi, Jaipur (Raj.)
3. Superintendent of Police, Jhalawar, District Jhalawar (Raj.) ----Appellants Versus Sant Kumar Son of Shri Moman Ram, Aged About 42 Years, Resident Of Nayangali, Post Lakhlan, Tehsil Rajgarh, District Churu (Raj.) ----Respondent For Appellant(s) : Mr. Samee Khan with Ms. Sunita Meena on behalf of Mr. Bhuwnesh Sharma, Additional Advocate General For Respondent(s) :
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI
Order 23/07/2025
1.
Learned counsel for the appellants fairly states that the issue raised in the present appeal stands finally adjudicated by the Co- ordinate Bench of this Court while deciding the bunch of D.B. Civil Special Appeals with lead case of D.B. Civil Special Appeal (Writ) No.61/2024; State of Rajasthan & Ors. Vs. Vinod Kumar Meena & Anr. Vide order dated 05.04.2024. We find that in the aforesaid judgment, this Court has held as under:
“(3.) Having heard learned counsel for the parties and having perused the order dated 13.12.2016 passed in the case of Jagdish
[2025:RJ-JP:27548-DB] (2 of 2) [SAW-871/2025] (supra), we find that in the aforesaid decision, the Division Bench of this Court, after thoroughly examining the provisions of the applicable rules and the facts of the case, came to the conclusion that as far as the salary part is concerned, the petitioners are entitled to salary for the period they were in service. However, as far as the expenses incurred on training is concerned, that is liable to be paid to the employer. (4) In the present case, the respondents, vide impugned order passed by the learned Single Judge, have been granted only salary part and there is no order protecting them from recovery against expenses incurred on training. That being the legal and actual position, the issue raised in this batch of appeals is squarely covered by
order dated 13.12.2016 passed in the case of Jagdish (supra).”
2. This Court has also noticed that earlier D.B. Special Appeal (Writ) No.744/2016 [State of Rajasthan & Ors. Vs. Jagdish & Ors.] was also dismissed on 13.12.2016.
3. In view of above, the present Appeal is dismissed, accordingly.
4. Pending application(s), if any shall stand disposed of.
(CHANDRA PRAKASH SHRIMALI),J (SANJEEV PRAKASH SHARMA),J GAURAV SHARMA/Garima/98