The High Court quashed an application filed under Article 226 and directed the State not to institute criminal proceedings against the petitioner for the alleged omission. The court held that the reference was already made to the Board of Police Consultation.
The criminal transfer petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc. Transfer Petition No. 26/2015
Girdhari Lal Yogi S/o Shri Bhanwar lal Yogi R/o House No. 4 E-5, Mahaveer Nagar III, Kota.
----Petitioner
Versus
Both R/o Plot No. 70-A, Kailash Nagar, Jhotwara, Jaipur.
----Respondent For Petitioner(s) : Mr. Ravi Kumar Kasliwal For : Mr. Ganesh Saini, PP Respondent(s)
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
04/03/2022
vUrj.k ;kfpdk esa fnukad 29-04-15 dks ;kph dh vksj ls ;g fuosnu fd;k x;k fd 'kh?kz lquokbZ dk vkns'k fopkj.k U;k;ky; dks tkjh dj fn;k tkos rFkk os vUrj.k ;kfpdk dks izsl ugha djrs gSaA
mijksDr fuosnu ij ;FkklaHko N% ekg esa fopkj.k iw.kZ djus dk funZs'k fn;k x;k Fkk] dksbZ fuf'pr le;kof/k
(2 of 2) [CRLTP-26/2015]
vkKkid :i ls r; ugha dh x;h FkhA vr% ,slh fLFkfr esa vc bl vUrj.k ;kfpdk dks yafcr j[kus dk dksbZ vkSfpR; ugha gSA mijksDr ifjfLFkfr;ksa esa ;g vUrj.k ;kfpdk [kkfjt dh tkrh gSA
(UMA SHANKER VYAS),J
Mittal /42
3 issues framed by the court
Whether the impugned order dated 29-04-15 declaring the applicant as unfit for government employment and cancelling their service is maintainable.
Whether delay in framing charges by the appropriate authority excuses non-framing and justifies quashing the transfer order.
Whether there is any ground to go back on the view that the matter was first placed before the Board of Police Consultation.
Girdhari Lal Yogi
State Of Rajasthan
Ashok Kumar
Ganpat Ram
Uma Shanker Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
