MANISH KUMAR KATARA SON OF BRIJENDRA VIHARI KATARA v. THE STATE OF RAJASTHAN
CW/13964/2025 · 2025-09-15
Maneesh Sharma
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 38285 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38285 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:37390] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13964/2025 Manish Kumar Katara S/o Brijendra Vihari Katara, Aged About 27 Years, R/o Village Baroli Brahman, Post Dahina Gaon, Tehsil Roopwas, District Bharatpur, Rajasthan. ----Petitioner Versus
1. The State of Rajasthan, through the Secretary, Department of Rural Development & Panchayati Raj, Secretariat, Jaipur.
2. The Chief Executive Officer, Zila Parishad, Dausa, Rajasthan.
3. The Director, Elementary Education, Rajasthan, Bikaner.
4. The Vikas Adhikari, Panchayat Samiti Mahwa, District Dausa, Rajasthan.
5. The Addl. Director General of Police ATS & SOG, Rajasthan, Jaipur.
6. The Addl. Superintendent of Police, Special Operation Group, Rajasthan, Jaipur. ----Respondents For Petitioner(s) : Mr. Nitin Jain Mr. Balveer Singh Beniwal For Respondent(s) :
HON'BLE MR. JUSTICE MANEESH SHARMA
Order 15/09/2025
1.
Learned counsel for the petitioner submits that the petitioner was appointed to the post of Teacher Grade-III, Level-II in the specially abled person (HI) Category. Learned counsel further submits that prior to issuance of the appointment order, the disability certificate earlier issued by the competent authority was taken into consideration, and he had also undergone a medical test by the competent Medical Board, however, on the basis of some anonymous complaint, the petitioner was directed to again undergo a medical test. After conducting medical test, one press note dated 06.08.2025 has been issued by the Special Operations
[2025:RJ-JP:37390] (2 of 2) [CW-13964/2025] Group (S.O.G.) pointing out that the petitioner is having 0% disability, whereas as per his earlier certificate, he was possessing disability of more than 40%.
2.
Learned counsel for the petitioner also submits that the petitioner has reasonable apprehension that the respondents may initiate disciplinary proceedings against the petitioner. This apprehension is based on the aforesaid press note dated
06.08.2025.
3. Heard and considered.
4. Admittedly, at present no notice or order intending to dispense with/discharge/terminate the service of the petitioner has yet been issued by the respondent- Administrative Department.
5. Under these circumstances, this Court deems it just and proper to direct respondents No. 1 to 3 as follows: In case they intend to take any coercive action against the petitioner on the basis of the Revised Medical Board report as well as the press note dated 06.08.2025, they shall issue a show cause notice along with a copy of the Revised Medical Board report, requiring the petitioner to submit his representation against such report of the Revised Medical Board. No action shall be taken against the petitioner without affording him a personal opportunity of hearing.
6. It is made clear that no view or opinion has been expressed by this Court on the merits/de-merits of the case.
7. In view of above directions, writ petition stands disposed of.
(MANEESH SHARMA),J DEEPA-23