HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 663/2024 Manish Kumar Sharma Son Of Late Shri Vishnu Dutt Sharma, Aged About 41 Years, Resident Of Br-7, Khoja Gate Road, Bundi, Rajasthan. Permanent Resident Of F-595-A, Barakat Nagar, Tonk Phatak, Jaipur (Rajasthan). ----Petitioner Versus 1. State Of Rajasthan, Represented Through Dy. Secretary, Peace And Nonviolence Department, Government Of Rajasthan, Government Secretariat, Jaipur 2. Dy. Secretary, Administrative Department, Art And Culture, Government Of Rajasthan, Government Secretariat, Jaipur 3. Additional Chief Secretary, Department Of Consumer Affairs, Government Of Rajasthan, Government Secretariat, Jaipur 4. Deputy Director, Peace And Nonviolence Directorate, Khadi Board Campus, Jln Marg, Jaipur. ----Respondents For Petitioner(s) : Mr. Ram Manohar Sharma For Respondent(s) : Mr. Rajendra Prasad, AG with Ms. Dhriti Laddha JUSTICE ANOOP KUMAR DHAND Order 29/07/2025 1. By way of filing this writ petition, a challenge has been led to the impugned order dated 31.12.2023, by which the nomination of the petitioner for the post of Director, Peace and Non-Violence Directorate, has been cancelled. (2 of 4) [CW-663/2024] 2. Learned counsel for the petitioner submits that the petitioner was appointed on the aforesaid post of Director for a period of three years. The petitioner joined the said post on 25.10.2021 and thereafter, financial sanction was issued by the Department of Finance for payment of consolidated pay of Rs.2,10,000/- along with other allowances. Learned counsel submits that without waiting for completion of the said period of three years, all of a sudden, the nomination of the petitioner was cancelled on the basis of the order dated 17.12.2023 issued by the Administrative Reform (Section-C) Department, Government of Rajasthan. Counsel submits that the order dated 17.12.2023 is applicable upon the non- Government Chairpersons, Wise-Chairpersons and Members who have been nominated in any department, while the petitioner was appointed under the capacity of a Government employee, hence without following the due process of law and without affording the opportunity of hearing, such order cannot be passed against him, therefore, the order impugned is not sustainable in the eye of law and is liable to be quashed and set-aside. 3. Per contra, learned Advocate General opposes the arguments raised by counsel for the petitioner and submitted that though the petitioner was appointed as Director, but his appointment is not under any Statute and no period was specified in his appointment order and he was given the task to perform the aforesaid office for a period of three years or till further orders, whichever is earlier. Counsel submits that (3 of 4) [CW-663/2024] since the nomination of the petitioner was not under any statute, therefore, on the basis of the circular/order of the Government dated 17.12.2023, the order impugned was passed and nomination of the petitioner was cancelled, hence, under these circumstances, interference of this Court is not warranted. 4. Heard and considered the submissions made at the Bar and perused the material available on record. 5. Perusal of the record indicates that the petitioner was nominated for the post of Director, Peace and Non-Violence, Directorate vide order dated 25.10.2021 and additional charge of the aforesaid post was given to him. Thereafter, he assumed charge of the aforesaid post on 26.01.2022. Further, vide order dated 16.09.2022, the petitioner was given the charge as full time Director, Peace and Non-Violence Directorate. Thereafter, a financial sanction was issued by the Department of Finance and on 01.12.2023 and an office order was passed indicating therein that the term of the petitioner would be three years or till further orders w.e.f. the date of his joining the post of Director. 6. It appears that the aforesaid nomination of the petitioner was cancelled by the respondents vide impugned order dated 31.12.2023 in pursuance of the circular/order dated 17.12.2023. The circular/order dated 17.12.2023 indicates that the Department of Administration has taken a decision to cancel the nomination of all such persons who are nominated (4 of 4) [CW-663/2024] as Non-Government Members or Non-Government Chairpersons. 7. The petitioner has failed to satisfy this Court that how he is claiming himself as a Government Employee. A Government employee is appointed on the basis of the provisions contained under the Statue and the Rules. In the instant case, a stop gap arrangement was made by the Government appointing the petitioner by nominating him on the non-Government post. It is the discretion of the Government, which has been exercised while passing the order impugned, which requires no interference of this Court. 7. Accordingly, the instant writ petition stands dismissed. The stay application and all pending applications, if any, also stand dismissed. (ANOOP KUMAR DHAND),J KuD/93