[2025:RJ-JP:40331] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14946/2025 Baljinder Singh S/o Pratap Singh, Aged About 62 Years, R/o A- 112, Mangalam Vihar, Sikar Road, Jaipur (Raj) ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Department Of Education, Govt Of Rajasthan, Secretariat, Jaipur, Rajasthan. 2. Office Of The District Education Officer (Headquarter), Elementary Education, Sri Ganganagar, Rajasthan Through District Education Officer, Sri Ganganagar, Rajasthan. ----Respondents For Petitioner(s) : Mr. Aman Garg with Mr. Sahaj Veer Baweja for Mr. Swadeep Singh Hora HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 06/10/2025 1. Learned counsel for the petitioner submits that a notice to initiate departmental proceeding has been served upon the petitioner only on the ground that he has spent some period in the judicial custody in a criminal case and after receipt of notice, the petitioner has filed a reply to departmental proceeding under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958, instituted against him. He further submits that without following rules and procedure, DE has been decided against the petitioner and a report (Annexure-2) is served upon him for a response with intention of respondent to pass an order [2025:RJ-JP:40331] (2 of 2) [CW-14946/2025] of a major penalty against the writ petitioner. He further submitted that institution of said proceedings was contrary to Rule 3 and 4 of Service Rules, which prescribes that any departmental proceeding can only be instituted when petitioner is found guilty by any Criminal Court in a legal proceeding but not in case of arrest under any charges pending trial (adjudication). 2. Having considered submissions of learned counsel for the petitioner and after perusal of material placed on record, the petitioner is given liberty to file a representation before the respondents within a period of 15 days which shall be considered and decided by the respondents strictly in accordance with law after providing an opportunity of hearing, within a period of four weeks from date of receipt of representation. If the petitioner still aggrieved, he may re-approach the Court by filing a fresh writ petition. 3. With the aforesaid, the writ petition stands disposed of. 4. Misc. application, pending, if any, also stands disposed of. (ASHOK KUMAR JAIN),J MR/11