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High CourtsSingle Bench(2020) 03 RAJ CK 0111

Mahiram Bishnoi vs State Of Rajasthan And Ors

Rajasthan High Court · Decided on 3 March 2020

HON’BLE JUDGES
Dinesh Mehta, J
RESULT
Disposed of
CASE NUMBER
Civil Writ Petition No. 2804 Of 2020

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Judgment

12 paragraphs · 341 words
1.

By way of the present writ petition, the petitioner has challenged initiation of the inquiry vide communication dated 20.1.2020.

2.

As per the facts available on record, the petitioner had appeared in Pre-PG Examination after obtaining NOC from the competent authority.

3.

After being selected for the course of Post Graduation, he had applied for grant of study leave.

4.

It is the case of the petitioner that he is entitled for study leave, having work for three years in rural areas.

5.

Petitioner has alleged that in spite of his application for grant of leave filed on 6.9.2017, which was duly forwarded by the Block Chief Medical Officer to the Chief Medical and Health Officer, the competent authority has not passed any order. According to the petitioner, his leave application is still pending- it has neither been rejected nor has been accepted.

6.

The petitioner, who has bonafidely pursuing his Post Gradation, cannot be subjected to any inquiry, is the case set up.

7.

In the facts obtaining in the present case, instead of interfering in the initiation of inquiry, at this stage, this Court deems it appropriate to direct the competent authority, viz., respondent no.3 Director (Public Health), Medical and Health & Family Welfare Department, Jaipur to decide petitioner's application in accordance with law.

8.

For the purpose aforesaid, within a period of two weeks from today, the petitioner may file a representation while enclosing photostat copies of all relevant material, including his leave application and the certified copy of the order instant.

9.

The Director shall pass a reasoned order on such application by 31.3.2020. Till 31.3.2020, the respondents shall not proceed in furtherance of the inquiry, which has been proposed against the petitioner, vide communication dated 20.1.2020.

10.

Needless to observe that in case, the respondent no.3 passes any order prejudicial to the petitioner's right, he shall be free to take appropriate remedies in accordance with law.

11.

With aforesaid directions, the writ petition is disposed of.

12.

The stay application also stands disposed of accordingly.