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2025 DAILYLAW 22000 (RAJ)

STATE OF RAJASTHAN v. ANIL KUMAR S/O SHRI OM PRAKASH

SAW/731/2025 · 2025-07-29

Chandra Prakash Shrimali, Sanjeev Prakash Sharma

body2025

Judgment text

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[2025:RJ-JP:28588-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal (Writ) No. 731/2025 In S.B. Civil Writ Petition No.9486/2024 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. Additional Director General Of Police, Recruitment And Promotion Board, Police Head Quarter, Lal Kothi, Jaipur (Raj.) 4. Inspector General Of Police, Police Head Quarter, Jaipur (Raj.) 5. Dy. Director And Principal Of Rajasthan Police Academy, Pani Pech, Jaipur (Raj.) ----Appellants Versus Anil Kumar S/o Shri Om Prakash, Aged About 40 Years, R/o Mahala Ki Dhani, Teetanwar, Udiapurwati, Jhunjhunu (Raj.) ----Respondent For Appellant(s) : Mr. Samee Khan Ms. Sunita Meena and Ms. Kavita Sharma for Mr. Bhuwnesh Sharma, AAG For Respondent(s) : HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI Judgment 29/07/2025 1. Learned counsel for the appellants fairly states that issue raised in the present appeal stands early adjudicated by the learned Single Judge of this Court while deciding the appeals wherein, it was 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, we [2025:RJ-JP:28588-DB] (2 of 2) [SAW-731/2025] 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 factual position, the issue raised in this batch of appeals is squarely covered by order dated 13.12.2016 passed in the case of Jagdish (supre). 5. Accordingly, the State appeals are liable to be dismissed and are accordingly dismissed." 2. In view of above, the present special appeal is dismissed mutatis mutandis. (CHANDRA PRAKASH SHRIMALI),J (SANJEEV PRAKASH SHARMA),J GAURAV/DIKSHA/46