The Division Bench of the Rajasthan High Court disposed of two special appeals. The first applied by condoning delay; the second was disposed of as the appointment was merely provisional pending the writ outcome.
DB Special Appeal Writ No. 970/2021: disposed of
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Special Appeal Writ No. 970/2021
----Appellants Versus
Ramesh Goswami S/o Shri Sanjay Goswami, Aged About 27 Years, R/o Dudwa, Ps Dantaramgarh District Sikar.
----Respondent
For Appellant(s) : Mr. Rajesh Maharishi, AAG through VC For Respondent(s) : Mr. Prem Chand Dewanda through VC
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SAMEER JAIN
Judgment
17/01/2022
D.B. Civil Misc. Application No.328/2021:-
Though the Registry has computed delay which is excess of 700 days, we find that the learned Single Judge has passed an exparte order dated 18.10.2019. The Government had immediately applied for vacating the interim order which application came to be dismissed only on 15.03.2021. Thereafter this appeal has been filed. Thus, there is no serious delay in approaching the Division Bench. The delay is therefore condoned.
The IA stands disposed of.
(2 of 2)
[SAW-970/2021]
D.B. Special Appeal Writ No. 970/2021:-
Learned counsel for the respondent original petitioner stated that pursuant to the interim order passed by the learned Single Judge, the petitioner has already been appointed on provisional basis. In that view of the matter, there is no question of vacating the interim order for which purpose the present appeal has been filed. It is however clarified that the appointment of the petitioner would be purely provisional and subject to the outcome of the writ petition which is still pending. It would be open to the Government to request the learned Single Judge to take up the petition for early disposal.
Appeal is disposed of accordingly.
(SAMEER JAIN),J
(AKIL KURESHI),CJ
B.M. Gandhi/Rajat Kumar-42
1 issue framed by the court
Whether special appeals challenging the Single Judge's interim appointment order still require disposal and point of law discussion.
State Of Rajasthan, Through Principal Secretary To The Government, Department Of Home
Director General Of Police Rajasthan
Commandant Maharana Pratap Battalion Rac (Ir), Pratapgarh
Ramesh Goswami
Mr. Akil Kureshi
Mr. Sameer Jain
As recorded by the court registry
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