ROHITASV KUMAR S/O RAMDHAN BAIRWA v. THE STATE OF RAJASTHAN
SAW/27/2020 · 2025-03-20
Inderjeet Singh, Pramil Kumar Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2502 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2502 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:12837-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal Writ No. 27/2020 Rohitasv Kumar S/o Ramdhan Bairwa, Aged About 31 Years, R/o Tursangpura, Tehsil Sapotra, District Karauli (Rajasthan) ----Appellant Versus
1. The State Of Rajasthan, Through Its Principle Secretary, Department Of Medical And Health Government Of
2. Additional Director, (Rural Health), Medical And Health Service, Jaipur.
3. Block Chief Medical, Sapotra, Dist- Karauli.
4. Chief Medical Officer, Incharge, Community Health Centre, Sapotra, District Karauli. ----Respondents For Appellant(s) : Mr. Ramesh Sharma on behalf of Mr. Rajveer Bansal For Respondent(s) : Mr. Sankalp Vijay on behalf of Mr. Vigyan Shah, AAG HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR
Order 20/03/2025 This appeal has been filed by the appellant challenging the
order dated 26.11.2019 passed by the learned Single Judge in S.B. Civil Writ Petition No.19633/2019, whereby, the writ petition filed on behalf of the petitioner was dismissed. We have perused the order dated 26.11.2019 passed by the learned Single Judge. Learned Single Judge while dismissing the writ petition observed as under:-
“I have considered the submission and find that order passed in SB Civil Writ Petition
[2025:RJ-JP:12837-DB] (2 of 2) [SAW-27/2020] No.11149/2019 dated 8th July, 2019 is on different facts altogether where an advertisement was issued for fresh placement agencies. The case of the petitioner is therefore not identical to the said case. It is also noticed that petitioner misbehaved and show cause notices for alleged misconduct have been issued to him whereafter his services have been dispensed with. The petitioner has not alleged any malafide against any individual. If a contractual employee does not perform his duties and commits misconduct, show cause notice is issued to him. Thereafter, his services can be dispensed with. No illegality can be said to have been committed by the respondents and even otherwise a contractual employee does not have right to continue on the post.” Since, the appellant was a contractual employee and he has not performed his duties and committed misconduct, therefore, in our considered view, no illegality has been committed by the learned Single Judge in dismissing the writ petition filed on behalf of the petitioner. In that view of the matter, this appeal stands dismissed.
(PRAMIL KUMAR MATHUR),J (INDERJEET SINGH),J Upendra Pratap Singh /89