Quashed

Mausam Meena v. State of Raj and Ors.

Rajasthan HC13 Dec 2018CW/1990/2018

Case brief

AI extract

What is this about?

The High Court of Rajasthan quashed and set aside a charge-sheet dated 15.12.2017 issued under Rule 16 of the Rajasthan Civil Services (CCA) Rules, 1958, to a teacher following her transfer to a safer posting. The court disposed of the writ petition as infructuous on other prayers.

What did the court decide?

The charge-sheet dated 15.12.2017 issued under Rule 16 of the Rules of 1958 is quashed and set-aside.

Mausam Meena Vs State of Raj and Ors. — Service and Employment | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT 3AIPUR

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S.B. Civil Writ Petition No.199012018

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Mausam Meena D/o Braj Mohan Meena W/o Rajendra Singh Suman, aged 35 years, R/o Village Badhrayal, Post Kemla, Tehsil Wazirpur, District Barmer Raj.

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Versus

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The State Of Rajasthan Through Its Principal Secretary,
X'T E3$
Panchayati .. fl .@. .% fi$pirtmel,@~.@xt. ?-. Of Rajasthan,
Secretari Jarpur. :ip 3' f3
b. ".-f-+
2. The~ChiePExecutive %.$+ Officer, Zila Parishad,,rBaBmer Raj.
OA
3. ~hbystrict Collector, Barmer Raj.
,G,kS' ql' #I*
T@3
4. The Superintendent Of Police, Barmer .Raj.

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4
I.
K SHARMA

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In these prayed that accept this writ petition and 1- the impugned order dated 17.06.2017 posting humble petitioner as Teacher Grade - Ill (Level-]) against NCTE Regulations and RTE, 2009 and Rajasthan Panchayati Rules, 1996, and further being contrary to the appointment order dated 10.09.2012 whereby humble petitioner was appointed on the post of Teacher Grade -111 (LevelII) (Sanskrit) may kindly be declared, may kindly be declared illegal and arbitrary and therefore, same may kindly be quashed and set-aside;

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the impugned charge sheet dated 15.12.2017 issued U/r. 16 RCS (CCA) Rules, 1958 may kindly

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be declared illegal and arbitrary being 6ut come of the malafide and biased attitude of respondent authorities and therefore, same may be quashed and set aside on his ground alone; 3. by issuing apprbpriate Writ, order or direction in the nature thereof respondents may kindly be directed:-

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a.) to post humble petitioner in any other school than Govt. Upper Primary School Devara on post of Teacher Gr.lll (Level-ll) (Sanskrit); b.) to provide security and safety to humble petitioner during her se vices from persons like % 1 k."R r .-.%' Padma a&h&dh_al;~ and; Ma;ngi,Lal Rajpurohit A rki .?' and to ensye- her smooth service without risk and d dang$ji3her life; *.. CB %k.) to place before this Hon'ble ~oudentire k%mw '.%S p. record of inquiry conducted by them onkthe +. =omplaints made by humble petitioner rega?d&g

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direction which

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At the outset, G appearing for the respondents submitted t .09.2018 under the order of District tary Education, Barrner, the petition m Government Upper Primary School arndadi District Barmer to Government Upper ri&r. School Fuleri Lolava, &Taqa :;$?r$f Sindhari as a Teacher G'i-..lII level11 in the subject of Sanskrit. He submitted that in this view of the matter prayer no.1 and 3 is rendered infructuous.

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Mr.Vigyan Shah appearing for the petitioner does admit that prayer no.1 and 3 have become infructuous as the order dated 28.09.2018 has been passed and the petitioner has joined on the new place of posting. He however submitted that the petitioner was issued a charge-sheet under Rule 16 of the Rajasthan Civil

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Service (CCA) Rules, 1958 (hereinafter the Rules of 1958') on 15.12.2017 for reason of non-joining at Government Upper Primary School Devara Panchayat Samiti, Samdadi District Barrner. With the petitioner's transfer order dated 28.09.2018 the petitioner has been vindicated on her case of her posting at Upper Primary School Devara Panchayat Samiti being detrimental to her safety and security as also concluded by the Human Rights 9 p3 g **.> Commission ajasthan%'$omank .Commssi'on and the Scheduled "b.3 p-8 *-be% %-- v& h.. Caste/ Tribe ommtsslon. The petitioner ""A through akdepkmental inquiry on not joining on M@K. Gupta. AAG submitted that in the

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the petitioner's p ice bee n modified on her dB%* representations and &6aE"ed, her non-joining at *A$ ygL\ L? &. .. the Upper Prima ,a,nchayat Samiti ayat Samiti which L#$$ld ga d occasioned the charge 3!2&017 017 no longer remains in issue. He submitted th the matter the charge- sheet will not be pursued. . . In view of th tar AAG, I would be inclined to quash charge-sheet dated 15.12.2017 issued to Rule 16 of the Rules of h &1 q- w: .--,-,.4," 1958. It is quashed and$set-rasrdeaConsgyences to follow. 13, 7""3 *3h act The petition stands disposed of accordingly.

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(ALOK SHARMA),J

Mausam Meena v. State of Raj and Ors.

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Mausam Meena v. State of Raj and Ors.

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