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2025 DAILYLAW 9147 (RAJ)

N L JEWARIA v. STATE OF RAJ HOME AND ORS

CW/11483/2011 · 2025-02-17

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:6983] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.11483/2011 N.L. Jewaria S/o Late Shri Bhura Ramji Jewaria, Ab-356, Nirman Nagar, Ajmer Road, Jaipur 302019 ----Petitioner Versus 1. State Of Rajasthan Through The Chief Secretary To The Government Of Rajasthan, Secretariat, Rajasthan, Jaipur. 2. His Excellency The Governor Through Additional Chief Secretary To His Excellency The Governor, Governor Secretariat, Raj Bhawan, Jaipur. 3. The Additional Chief Secretary To The Govt. Home Department, Secretariat, Jaipur Rajasthan. 4. Director Prosecution, Rajasthan Secretariat, Jaipur 5. Shri Virendra Kumar Mathur S/o Shri R.b. Mathur Retired Assistant Director Procecution, A/7, Bhagirath Colony, Chomu House, Jaipur. ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr. Nikhil Simlote Mr. Manish Bhodiwal Mr. Falak Mathur JUSTICE ANOOP KUMAR DHAND Order 17/02/2025 1. By way of filing this writ petition, a prayer has been made for issuing directions to the respondents for initiating departmental enquiry against respondent No.5 as per Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (hereinafter referred to as “the Rules of 1958”) read with Rule 7 of the Rajasthan Civil Pension Rules, 1996. [2025:RJ-JP:6983] (2 of 2) [CW-11483/2011] 2. It appears that some complaint was made by the petitioner with regard to certain misconduct of the respondent No.5 before the respondent-authorities and when no action was taken by the authorities concerned, he has approached this Court by way of filing this writ petition with the aforesaid prayer. 4. The job of the petitioner is complete at the moment the complaint is filed. Now it is a matter between the State-employer and the delinquent. The petitioner has no locus standi to continue with this petition. It is left with the authorities concerned to take appropriate action against the respondent No.5, if any, misconduct is found. 5. In view of above, the writ petition stands disposed of. All applications (pending, if any) also stand disposed of. 6. However, the State-respondents would be at liberty to conduct an enquiry against the misconduct (if any) committed by the respondent No.5 strictly in accordance with law after affording due opportunity of hearing to respondent No.5 and pass appropriate orders accordingly. (ANOOP KUMAR DHAND),J Karan/108