Allowed

Anju Meena W/O Shri Rajesh Kumar Meena v. State of Rajasthan

Rajasthan HC3 Jun 2020CW/4269/2020

Case brief

AI extract

What is this about?

The High Court held that the petitioner's suspension, arising from alleged non-compliance with court orders due to the actions of another petitioner (Kajal Meena) involved in a dropped contempt case, was no longer warranted. The court allowed the writ petition, revoked the suspension, and ordered reinstatement.

What did the court decide?

Suspension order dated 19.2.2020 revoked; petitioner reinstated in service; consequential orders under Rule 54 of Rajasthan Service Rules to be passed within one month.

Anju Meena W/O Shri Rajesh Kumar Meena Vs State of… — Service and Employment | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No.4269/2020

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Anju Meena W/o Shri Rajesh Kumar Meena, Aged About 40 Years, R/o G-70Ab, Siddharth Nagar, Malviya Nagar, Jaipur.

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary, Secondary Education, Government Of Rajasthan, Secretariat, Jaipur.

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Commissioner, Tribal Area Development Department, Udaipur.

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Director, Secondary Education Department, Bikaner.

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----Respondents

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For Petitioner(s) : Mr. Manish Kumar Sharma For Respondent(s) : Mr. Rajesh Maharshi, AAG

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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03/06/2020

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The petitioner is alleged to have been suspended on account of not complying with the interim orders passed by this court wherein the contempt petition was filed and after the contempt petition was filed, the concerned person was allowed to join by the direction of the higher officials.

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Learned Additional Advocate General submits that adamant approach adopted by the petitioner has resulted in passing of the suspension order. It is expected from officials to obey directions of the court as well as of their superior authorities and unnecessary objections ought not to have been raised.

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Per contra , learned counsel appearing for the petitioner submits that the petitioner’s action was bona fide and she had

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(2 of 3)

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[CW-4269/2020]

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made all efforts to comply with the order of the Hon’ble High Court and wrote a letter to Kajal Meena to come to the school but she did not come. Learned counsel submits that there was no occasion for the petitioner to never intend to disobey the directions of higher officials and it was on account of the concerned petitioner-Kajal Meena, who had filed contempt petition and her action that the order of the High Court was not complied with. The petitioner has already remained under suspension for four months and there is no occasion to continue the petitioner under suspension now.

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I have considered the submissions as above.

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It appears that the Superior Authorities have thought of the petitioner not having complied with the court orders and also disobeyed their orders. The petitioner who was Principal has taken a stand that she has written a letter to the concerned petitionerKajal Meena of the contempt petition to join which she did not comply with. It is also noticed that the contempt proceedings have been dropped and the contempt petition was dismissed by the High Court on 24.2.2020. Thus, compliance has already been made.

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Keeping in view the aforesaid aspects and with the purpose to give the quietus to the controversy which was generated on account of the contempt proceedings initiated by the concerned petitioner-Kajal Meena, this court is of the view that further continuance of suspension of the petitioner is not warranted.

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Accordingly, this writ petition is allowed. Suspension order dated 19.2.2020 is revoked and the petitioner is reinstated in service on the post held by her. Consequential orders under Rule 54 of Rajasthan Service Rules shall be passed within one month.

(3 of 3)

[CW-4269/2020]

No costs.

(SANJEEV PRAKASH SHARMA),J

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Karan Bhutani /69

Anju Meena W/O Shri Rajesh Kumar Meena v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Anju Meena W/O Shri Rajesh Kumar Meena v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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