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2025 DAILYLAW 26391 (RAJ)

JAVED ALI SON OF HAMID ALI v. RAJASTHAN STATE ROAD TRANSPORT CORPORATION

CW/12695/2024 · 2025-03-12

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:11718] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12695/2024 Javed Ali Son Of Hamid Ali, Aged About 60 Years, Resident Of 94, Rk Nagar, In Front Of Ruchi Hospital, Police Line, Kota, Rajasthan. ----Petitioner Versus 1. Rajasthan State Road Transport Corporation, Through The Chairman, Parivahan Marg, Chomu House, Jaipur. 2. Managing Director, Rajasthan State Road Transport Corporation, Parivahan Marg, Chomu House, Jaipur. 3. Chief Manager, Rajasthan State Road Transport Corporation, Bundi Depot, Bundi. ----Respondents For Petitioner(s) : Mr.Kailash Choudhary JUSTICE ANOOP KUMAR DHAND Order 12/03/2025 1. By way of filing of this petition, a challenge has been led to the impugned charge-sheet dated 18.07.2023. 2. Learned counsel for the petitioner submits that at the verge of retirement of the petitioner, the aforesaid charge-sheet was served upon him under Rule 16 of the Rajasthan Civil Services (Classification, Appeal and Control) Rules, 1958 (for short, "the Rules of 1958"), for misconduct pertaining to the year 2015-16. Counsel submits that such a charge-sheet can not be issued to the petitioner at the fag end of his service career. Counsel submits that in spite of passing of more than 18 months from the date of issuance of charge-sheet, till date neither any Enquiry Officer has [2025:RJ-JP:11718] (2 of 2) [CW-12695/2024] been appointed nor the disciplinary proceedings have been initiated against the petitioner and the respondents are withholding the retiral dues of the petitioner, hence, under these circumstances, interference of this Court is warranted. 3. Heard and considered the submissions made at Bar and perused the material available on record. 4. In the considered opinion of this Court, the scope of interference with the charge-sheet is limited, charge-sheet cannot be quashed or set-aside until and unless this fact is established on record that the issuing Authority was not competent to do so. The petitioner can put his defence by way of submitting a reply before the Disciplinary Authority. 5. Looking to the fact that the petitioner retired on 31.12.2023 and till date, the disciplinary proceedings have not been concluded, the instant writ petition stands disposed of by issuing direction to the respondents to speed up the disciplinary proceedings and try to make all possible endeavours to complete the same within a period of six months from the date of receipt of certified copy of this order. 6. In case, the petitioner submits any application for grant of provisional pension, the respondents would decide the said application strictly in accordance with law. 7. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /42