[2026:RJ-JP:7002] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7199/2020 Bhanwardan Detha S/o Shri Sawai Singh, Aged About 60 Years, R/o B-221, Sushant City, Pali Road, Jodhpur. ----Petitioner Versus 1. State Of Rajasthan, Through Secretary, Department Of Personnel, Secretariat, Jaipur. 2. Principal Secretary, Department Of Pension And Pensioners Welfare, Government Of Rajasthan, Jaipur. 3. Director General (Jails), Prisons Directorate, Ghatgate, Jaipur. 4. Additional Chief Secretary (Home Department), Government Of Rajasthan. ----Respondents For Petitioner(s) : Mr. Swadeep Singh Hora Mr. T.C. Sharma Ms. Amulya Jaimini For Respondent(s) : Mr. Archit Bohra, AGC with Mr. Rahul Verma Mr. Shubham Gupta for Mr. Rahul Lodha, AGC Mr. Parth Sharma for Mr. Bhuwnesh Sharma, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 13/02/2026 1. Considered application no. 1/2026 filed for bringing on record order dated 06.11.2025. 2. Having considered the submissions of learned counsel for parties, the application is allowed and the order dated 06.11.2025 passed in S.B. Criminal Appeal No. 1467/2019 is taken on record. 3. Application stands disposed of. [2026:RJ-JP:7002] (2 of 4) [CW-7199/2020] 4. CMS no. 6726/2020 stands dismissed as withdrawn. 5. Stay application stands disposed of. 6. Instant writ petition has been filed by the petitioner with following prayers: "a) Declare that the action of the respondents to withhold the post-retirement benefits of the petitioner including pension, gratuity, EWF dues and leave encashment is arbitrary, illegal and in violation of Articles 14, 21 & 300(A) of Constitution of India. b) Direct the respondent to release the post retirement benefits of the petitioner including pension, gratuity, EWF dues and leave encashment as also interest @ 18% p.a. from the date the same fell due and with all consequential relief. c) Declare that the order of dismissal of service of the petitioner dated 20.11.2019 is arbitrary, illegal and bad in law and Hon'ble Court may be pleased to quashed and set- aside the same. d) Any other relief which this Hon'ble Court deems to fit looking to the present matter." 7. During course of argument, learned counsel for respondent(s) candidly admits that after conviction of petitioner on 16.07.2019 in a criminal case, a termination order dated 20.11.2019 is passed by DOP (k-3) department, and as a result of order dated 20.11.2019, the petitioner was removed/dismissed from service though he was scheduled to attain age of superannuation on 30.11.2019. 8. Learned counsel for petitioner submits that the order dated 20.11.2019 is passed only on the ground of conviction petitioner by a criminal court in a criminal case. He also submitted that neither there was any other charge against the petitioner nor any independent inquiry, ever conducted by the respondents department, therefore, after clean acquittal of the petitioner by this Hon'ble Court on 25.11.2025 the order dated 20.11.2019 is [2026:RJ-JP:7002] (3 of 4) [CW-7199/2020] liable to be quashed and set aside and petitioner is entitled for all consequential benefits treating the petitioner as superannuated on 30.11.2019. 9. Learned counsel appearing on behalf of DOP fairly submits that except the conviction order no independent inquiry was conducted by the Department and on the basis of conviction order passed against the petitioner, the order dated 20.11.2019 was issued by DOP. Learned counsel appearing on behalf of other Departments have supported the case of DOP. 10. Heard learned counsel for parties and perused the material placed on record. 11. The order dated 20.11.2019 was issued after conviction of petitioner on 16.07.2019 in sessions case no. 142/2015 (139/2010) passed by learned Sessions Judge (PC Act cases) Ajmer. Based on the conviction by a criminal court in a criminal case relating to the Prevention of Corruption Act, the DOP has dismissed petitioner from service by invoking Rule 19 of Rajasthan Civil Services (CCA) Rules, 1958. Admittedly, no independent inquiry was conducted by DOP before issuing order dated 20.11.2019. The facts also indicate that the petitioner would attain age of superannuation on 30.11.2019. 12. The petitioner has challenged judgment of conviction 16.07.2019 by preferring S.B. Criminal Appeal no. 1467/2019 and same was allowed by a Co-ordinate Bench of this Court on 06.11.2025, as a result of allowing the appeal on 06.11.2025, the petitioner was acquitted from the charge under Section 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. [2026:RJ-JP:7002] (4 of 4) [CW-7199/2020] 13. The basis on which the impugned order dated 20.11.2019 was issued by DOP has already been set aside, therefore, the writ petition is liable to be allowed, thus dismissal/removal of petitioner is invalid. 14. As a result, the writ petition is hereby allowed and the order dated 20.11.2019 dismissing petitioner from service is hereby quashed and set aside. The respondent(s) are directed to treat petitioner as being superannuated on 30.11.2019 and release all consequential benefits as if he has been superannuated without effect of the order dated 20.11.2019. 15. Misc. application, if any, stands disposed of. 16. No order as to costs. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /52