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2025 DAILYLAW 22470 (RAJ)

HARI KISHAN CHOUDHARY v. STATE OF RAJ AND ANR

CW/7665/2014 · 2025-01-17

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:2481] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7665/2014 Hari Kishan Choudhary S/o Sh. Ram Sawroop Choudhary, aged 58 years, R/o Village Post Jorawarpura, Teh Nokha, District Bikaner, Raj. ----Petitioner Versus 1. The State Of Rajasthan Through The Director, Prosecution Department, Directorate Office Jaipur. 2. The Deputy Director, Prosecution Department, Bikaner Raj.. ----Respondents For Petitioner(s) : Mr. Vinod Goyal For Respondent(s) : Mr. Vinod Kumar Gupta HON'BLE MR. JUSTICE SUDESH BANSAL Order 17/01/2025 1. Heard counsel for both the parties and perused the record. 2. Petitioner has filed instant writ petition challenging the charge-sheet dated 13.03.2014 issued under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules 1958, fundamentally on the ground that for the similar nature of charges, charge-sheet dated 19.12.2002 had been issued to the petitioner and after inquiry pursuant to the previous charge-sheet, petitioner has been exonerated from such charges. 3. In the instant writ petition, at the time of issuance of notices to the respondents, the inquiry pursuant to the impugned charge- sheet was allowed to be proceeded, but, vide interim order dated 30.07.2014, respondents were restrained not to pass any final order. [2025:RJ-JP:2481] (2 of 2) [CW-7665/2014] 4. Counsel for petitioner submits that during course of the writ petition, petitioner has retired from service after attaining the age of superannuation and though he is receiving the provisional pension but his other retiral benefits have been withheld on account of pending inquiry, pursuant to the impugned charge- sheet. 5. Having argued the writ petition for some time on merits, counsel for petitioner, having instructions from the petitioner, seeks permission to withdraw this writ petition with a prayer that the inquiry, pursuant to the impugned charge-sheet may be allowed to be concluded expeditiously and within a scheduled period so that petitioner may get his retiral benefits as per the decision of inquiry. 6. Counsel appearing on behalf of respondents is agreeable to conclude the inquiry expeditiously. 7. In that view of the matter, without quashing the impugned charge-sheet dated 13.03.2014, the instant writ petition is disposed of with direction that respondents shall proceed to conclude the inquiry pursuant to the impugned charge-sheet in accordance with law and preferably within a period of nine months from the date of receipt of the copy of this order, if possible. 8. In view of above, interim order dated 30.07.2014 stands vacated. 9. The instant writ petition stands disposed of accordingly. 10. All pending application(s), if any, stand(s) disposed of. (SUDESH BANSAL),J SOURAV /199