Dismissed

Vakil Chand v. State of Raj and Ors.

Rajasthan HC6 Mar 2009CW/6075/2004

Case brief

AI extract

What is this about?

A writ petition seeking payment of difference between subsistence allowance and salary during suspension was dismissed. Instead, the court directed the respondent to expedite and complete the pending disciplinary enquiry within six months, subject to the petitioner's cooperation.

What did the court decide?

The respondent directed to expedite the disciplinary enquiry and complete it within six months, subject to the petitioner's cooperation.

Vakil Chand Vs State of Raj and Ors. — Pension and Retirement Benefits | Rajasthan HC (2009)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. CIVIL WRIT PETITION NO.6075/04
Vakil Chand vs. State & Ors.

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Date of order : 6/3/2009.

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HON'BLE MR.JUSTICE MOHAMMAD RAFIQ

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Shri D.P. Sharma for the petitioner.
Shri Pradeep Kalwania, Addl. Govt. Counsel
for the respondents.

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******

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This writ petition has been filed with

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the prayer that the respondents be directed
to pay him the difference of amount of
subsistence allowance and the salary for the
period from 15.2.02 to 6.4.03 together with
interest @ 18% per annum during which period
the petitioner was placed under suspension
in contemplation of enquiry while charge
sheet was not served.

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Shri D.P. Sharma, learned counsel for
the petitioner submits that the charge sheet
was only issued when the present writ
petition was filed only with a view to file
reply to this Court.

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The respondents in reply to the writ
petition have submitted that the suspension
of the petitioner was revoked in compliance

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of the judgement of this Court dated
20.12.2002. The disciplinary enquiry against

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the petitioner is still pending and the

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final view shall be taken by the

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disciplinary authority as and when the final
order is passed.

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Having regard to the facts of the case,
I am not inclined to accept the plea that
petitioner should be paid the difference of
salary and the subsistence allowance because
as and when the final order is passed by the
disciplinary authority, it shall have to
take a view of such matter in accordance
with Rule 54 of the Rajasthan Service Rules,
1951. However, keeping in view the fact that
the matter is old one, the respondents are
directed to expedite completion of
disciplinary enquiry and complete the same
preferably within a period of six months
subject to cooperation by the petitioner.

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The writ petition is dismissed with the
aforesaid directions.

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(MOHAMMAD RAFIQ), J.

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RS/

Vakil Chand v. State of Raj and Ors.

Case brief

What is this about?

What did the court decide?

Vakil Chand v. State of Raj and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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