BALWAN SINGH BALWADA S/O SHRI JEERAM SINGH v. STATE OF RAJASTHAN
CW/1100/2026 · 2026-02-09
Anand Sharma
body2026
DailyLaw.ai
[ 2026 DAILYLAW 15267 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 15267 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:5903] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1100/2026 Balwan Singh Balwada S/o Shri Jeeram Singh, Aged About 61 Years, R/o Village And Post Jharoda, Tehsil Buhana, District Jhunjhunu ----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, School Education Department, Rajasthan Govt. Secretariat, Jaipur.
2. Director, Secondary Education, Rajasthan Bikaner
3. District Education Officer, Secondary Education, Jhunjhunu. ----Respondents For Petitioner(s) : Mr. R.S. Bhardwaj For Respondent(s) :
HON'BLE MR. JUSTICE ANAND SHARMA
Order 09/02/2026
1.
Learned counsel for the petitioner submits that on account of false and frivolous allegations levelled with regard to causing sexual harassment to a minor girl, FIR was registered against the petitioner under the provisions of POCSO Act, 2012. The petitioner has been tried by the Special Judge, under POCSO Act, 2012 and after full-fledged trial, on the basis of analysis of the evidence, petitioner has been acquitted from the charges framed against him vide judgment dated 28.08.2025.
2.
Learned counsel for the petitioner further submits that on the basis of identically similar allegations, one charge-sheet under Rule 16 of the Rajasthan Civil Services (Classification,
[2026:RJ-JP:5903] (2 of 2) [CW-1100/2026] Control and Appeal) Rules, 1958 (hereinafter to be referred as 'the Rules of 1958') has been served upon the petitioner on
14.07.2023. Learned counsel submits that although after acquittal of the petitioner vide judgment dated 28.08.2025, the petitioner has filed detailed representations before the respondents with a request to drop all the proceedings and since in the meanwhile, petitioner, on attaining age of superannuation, has retired from service with effect from 30.06.2024, therefore, all the due retiral benefits be also extended to the petitioner. Learned counsel submits that despite receiving such representations along with copy of judgment of Criminal Court, till date, neither charge-sheet has been dropped by the respondents, nor have the respondents sanctioned and released retiral benefits to the petitioner.
3. In the light of above, the writ petition is disposed of at this stage with direction to Respondent No.2 to consider the representations of the petitioner within a period of 30 days from the date of receipt of copy of this order and to pass reasoned and speaking order while taking into consideration judgment dated 28.08.2025 passed by the Criminal Court. In case, after considering the representation, the respondents decide to drop the inquiry, then pension and other retiral benefits of the petitioner be also released within 30 days thereafter.
4. Pending application(s), if any, also stand(s), disposed of.
(ANAND SHARMA),J DIVYA /37