Dismissed

Preetam Singh S/O Shri Mod Singh v. State of Rajasthan

Rajasthan HC17 Mar 2021CW/2514/2021

Case brief

AI extract

What is this about?

The High Court dismissed this writ petition challenging the rejection of a confirmation petition. The Court held that confirmation cannot be automatic given the petitioner's pending murder trial and prior punishment involving stopped increments, necessitating a fresh board after the criminal outcome.

What did the court decide?

The writ petition was dismissed; all pending applications were disposed of.

Preetam Singh S/O Shri Mod Singh Vs State… — Pension and Retirement Benefits | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No.2514/2021

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Preetam Singh S/o Shri Mod Singh

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----Petitioner

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Versus

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State Of Rajasthan & Ors.

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----Respondents

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For Petitioner(s) : Mr. Laxmi Kant Malpura For Respondent(s) :

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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17/03/2021

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The petitioner by way of this writ petition assails the order dated 24.11.2020 whereby the representation directed to be filed by the Tribunal has been rejected.

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Learned counsel for the petitioner submits that the petitioner ought to be confirmed on the post as he has already completed the probation period long back.

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This Court finds that the authority while passing a speaking order has taken into consideration the fact that the petitioner was served with a punishment order of stopping three annual grade increments with cumulative effect while on probation. He was also involved in a criminal case under Section 302 IPC apart from other offences.

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Keeping in view the said position, a decision has been taken to constitute a fresh Board for consideration of a confirmation only after a decision is rendered by the competent court in relation to the criminal case.

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[CW-2514/2021]

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(2 of 2)

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This Court noticing the aforesaid facts and the decision, is satisfied that the order dated 24.11.2020 does not warrant any interference because a person would be confirmed only if he services are found to be satisfactory. There is no concept of automatic confirmation in the services as the petitioner during probation period has been already punished by stopping of three annual grade increments with cumulative effect and as the petitioner is involved in a serious offence of murder for which trial is going on, it would be best and appropriate to await result of the criminal case before taking a decision on confirmation of the petitioner.

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The writ petition is devoid of merits and the same is accordingly dismissed.

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All pending applications shall also stand disposed of.

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(SANJEEV PRAKASH SHARMA),J

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SAURABH YADAV /670/99

Preetam Singh S/O Shri Mod Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Preetam Singh S/O Shri Mod Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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