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2025 DAILYLAW 32250 (RAJ)

RAJENDRA AHEER S/O SHRI RAMPRATAP AHEER v. CHAIRMAN AND MANAGING DIRECTOR

CW/16511/2024 · 2025-08-01

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:29565] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16511/2024 Rajendra Aheer S/o Shri Rampratap Aheer, Aged About 40 Years, R/o Gram Salrakhurd Tehsil Chechad, District Kota, Rajasthan. ----Petitioner Versus 1. Chairman And Managing Director, Jaipur Vidyut Vitran Nigam Limited, Vidyut Bhawan, Jyoti Nagar, Jaipur. 2. Superintending Engineer (O&m), Jaipur Vidyut Vitran Nigam Limited, Old Power House Premises, Khai Road, Nayapura, Kota-324001. 3. Assistant Engineer (Finance), Jaipur Vidyut Vitran Nigam Limited, Jaipur DISCOM, Chechat, District Kota. ----Respondents For Petitioner(s) : Mr. Suresh Kashyap For Respondent(s) : Mr. Sagar Jindal HON'BLE MR. JUSTICE SUDESH BANSAL Order 01/08/2025 1. From the side of respondent, an application (IA No.1/2025) has been filed stating inter alia that the impugned order of suspension of petitioner dated 16.10.2024 has been revoked by the respondents vide order dated 29.01.2025 and petitioner, as Technical-II O/o, has been posted under AEN(O&M), JPD Suket. 2. It appears that petitioner was suspended from the post of Technical-II O/o under AEN (O&M), JPD, Chechat, vide order dated 16.10.2024 and his headquarter was fixed at Nainwa, these orders were challenged by petitioner by means of filing instant writ petition. 3. As far as suspension order is concerned, since same has been revoked, the prayer made herein has rendered infructuous. 4. If the petitioner is aggrieved by giving posting at Suket, he is at liberty to submit a representation before the respondents, in that respect. [2025:RJ-JP:29565] (2 of 2) [CW-16511/2024] 5. Counsel for the petitioner has raised a grievance that respondents are harassing the petitioner as at one hand, after reinstatement, he has been posted at Suket and on the another hand, inquiry pursuant to the charge-sheet has been initiated at Jaipur. Learned counsel has pointed out that participation in the departmental inquiry by the petitioner at Jaipur is too cumbersome and oppressive. Hence, his prayer is that at least inquiry may be directed to be conducted at Kota so that petitioner may defend the charges in accordance with law. 6. This Court is of considered opinion that it is settled law that the delinquent employee should be given full opportunity to defend the charges and to appear in the disciplinary inquiry; should be considered following the principle of natural justice. 7. Counsel for the respondents do admit that if the inquiry is going on at Jaipur, since posting of petitioner is at Suket, Kota, inquiry should be transferred to Kota as same would be in adherence to the principle of natural justice. 8. Hence, this Court is of considered opinion that admittedly after reinstatement of petitioner, he has been given posting under AEN (O&M) JPD Suket, Kota, hence, the inquiry if pending at Jaipur, be transferred to Kota and concluded at that place. 9. With the aforesaid direction, the writ petition stands disposed of. 10. Pending application, if any, also stand disposed of. (SUDESH BANSAL),J TN/101