Pushkar Lal Mali vs State Of Rajasthan And Others

Arun Bhansali, J

This writ petition has been filed by the petitioner aggrieved against the order dated 15.7.2022 (Annex.6), whereby, inquiry has been initiated against the petitioner and order dated 15.7.2022 (Annex.7), whereby, the petitioner has been placed APO.

It is inter alia indicated in the writ petition that by order dated 6.6.2022 (Annex.1), the petitioner was transferred to Gram Panchayat, Cheer Khera in place of one Kamlesh Jeengar. Despite repeated attempts made by the petitioner, said Kamlesh Jeengar did not relinquish his charge and, therefore, an inquiry was initiated against him based on several complaints. The Vikas Adhikari also sought the presence of said Kamlesh Jeengar for handing over the charge, however, he did not turn up. In the meanwhile, on 15.7.2022, a notice has been issued to the petitioner on the allegations that without receiving the charge at Gram Panchayat Cheer Khera, the petitioner has made payment of Rs.20 lakhs, which amount to financial irregularity and a Committee was appointed to inquire into the same. On the same day, the petitioner was made APO.

Submissions have been made that on the one hand, the petitioner was not being handed over the charge at Gram Panchayat, Cheer Khera and on the other hand, allegations have been made against him regarding payment of Rs.20 lakhs, which payment could not have been made by the petitioner without taking the charge and now he has been placed APO, which is contrary to the instructions issued under Rule 25A of the Rajasthan Service Rules, 1951.

I have considered the submissions made by learned counsel for the petitioner and have perused the material available on record.

Admittedly, the petitioner did not receive the charge at Gram Panchyat, Cheer Khera and the allegations in the office order dated 15.7.2022 is that he has made payment of Rs.20 lakhs, which amounts to financial irregularity and a committee has been appointed to inquire into the same.

Once the allegation against the petitioner pertains to financial irregularity in making payment without officially getting charge at Gram Panchyat, Cheer Khera, the consequential placing the petitioner APO cannot be faulted.

Insofar as, the submission regarding the substance in the allegations contained in office order dated 15.7.2022 is concerned, the same has to be a part of investigation and if the petitioner has any submission / grievance in this regard to be made, the same have to be made to a competent authority, the same cannot be sought to be adjudicated by this Court in the present writ petition.

In view of the above discussion, there is no substance in the writ petition. The same is, therefore, dismissed.