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Judgment
The petitioner-appellant has preferred this intra court appeal against the judgment and order dated 25.07.2022 by which his writ petition has been dismissed.
The appellant had preferred the writ petition against the order dated 15.07.2022, whereby an inquiry was initiated against him and he was placed under APO (Awaiting Posting Order).
The submission of learned counsel for the appellant is that he was transferred to Gram Panchayat, Cheer Khera but was not allowed to take charge at the transferred place. Although, he did not take charge at the transferred place, a departmental inquiry has been initiated against him on the allegation of having made payment of Rs.20 lakhs.
The learned Single Judge has dismissed the writ petition with a specific finding that once there is an allegation against the petitioner pertaining to financial irregularity without officially getting charge at a transferred place, the consequential placing the petitioner APO cannot be faulted.
We are of the specific opinion that there is no good ground for assailing the order impugned and also the order vide which the inquiry has been instituted under the aforesaid facts and circumstances.
Since, there is a dispute as to whether the appellant has joined at the transferred place or has not been allowed to join, he has been rightly directed to be placed as APO.
Learned counsel for the appellant has also argued that under Rule 25-A of the Rajasthan Service Rules, 1951, the appellant can be kept APO only in certain contingencies and not for the reason that a departmental inquiry has been initiated against him or that he has not been allowed to take charge or on the ground that there is a dispute with regard to his taking over charge at the transferred place. The Government decisions referred in Rule 25-A are not exhaustive rather they are the instances wherein usually a Government servant can be kept under awaiting posting orders.
In view of the aforesaid facts and circumstances, we do not find any illegality in the judgment and order passed by the writ court. The appeal lacks merit and is dismissed.