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2025 DAILYLAW 8741 (RAJ)

PANKAJ KUMARI W/O SHRI SURESH KUMAR MEENA v. THE DIRECTOR

CW/2989/2025 · 2025-03-03

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:9216] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.2989/2025 Pankaj Kumari W/o Shri Suresh Kumar Meena, Aged About 45 Years, R/o 48 Shiv Vatika, Govindpura, Kalwar Road, Jaipur (Rajasthan) ----Petitioner Versus The Director, Secondary Education, Bikaner, Rajasthan. ----Respondent For Petitioner(s) : Mr. Tarun Jaiman JUSTICE ANOOP KUMAR DHAND Order 03/03/2025 1. Learned counsel for the petitioner submits that a charge- sheet under Rule 17 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (hereinafter referred to as “the Rules of 1958”) was served upon the petitioner on 02.01.2023. Learned counsel submits that inspite of passing of considerable time, the disciplinary proceedings has not been completed and the matter is proceeding at a snall’s pace. Learned counsel submits that, hence under these circumstances, appropriate directions be issued to the authorities concerned to expedite the departmental proceedings. 2. In the case of Prem Nath Bali Vs. Registrar, High Court of Delhi and Ors., reported in AIR 2016 SC 101, the Hon’ble Apex Court has emphasized that it is the duty of the employer to ensure that the departmental inquiry initiated against the delinquent employee is concluded within the shortest possible time [2025:RJ-JP:9216] (2 of 3) [CW-2989/2025] by taking priority measures. In cases where the delinquent is placed under suspension during the pendency of such inquiry then it becomes all the more imperative for the employer to ensure that the inquiry is concluded in the shortest possible time to avoid any inconvenience, loss and prejudice to the rights of the delinquent employee. 3. As a matter of experience, this Court notice that after completion of the inquiry, the issue involved therein does not come to an end because if the findings of the inquiry proceedings have gone against the delinquent employee, he invariably pursues the issue in Court to ventilate his grievance, which again consumes time for its final conclusion. 4. Keeping these factors in mind, this Court is of the considered opinion that every employer (whether State or private) must make sincere endeavor to conclude the departmental inquiry proceedings once initiated against the delinquent employee within a reasonable time by giving priority to such proceedings and as far as possible it should be concluded within six months as an outer limit. Where it is not possible for the employer to conclude due to certain unavoidable causes arising in the proceedings within the time frame then efforts should be made to conclude within reasonably extended period depending upon the cause and the nature of inquiry. 5. Looking to the limited prayer of the counsel for the petitioner, the instant writ petition stands disposed of with a direction to the respondents to make all possible endeavour to conclude the disciplinary proceedings expeditiously as early as [2025:RJ-JP:9216] (3 of 3) [CW-2989/2025] possible, preferably within a period of four months from the date of receipt of the certified copy of this order. 6. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Karan/23