Dismissed

Ashok Kumar Sharma Son of Shri Shambhu Dayal Sharma v. State of Raj.

Rajasthan HC8 Aug 2023CW/3136/2022

Case brief

AI extract

What is this about?

Petitioner sought writ for reinstatement as a volunteer in Ajmer Civil Defense, alleging removal due to a false complaint. The court dismissed the petition, holding that an individual facing allegations of moral turpitude in a criminal case has no entitlement to seek directions for assigning field duties. Absence of any established legal right to work as a volunteer precluded relief under Article

What did the court decide?

Dismissed the writ petition for inclusion in volunteer duty and dismissed the stay application.

Ashok Kumar Sharma Son of Shri Shambhu Dayal Sharma… — Service and Employment | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 3136/2022

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Ashok Kumar Sharma Son of Shri Shambhu Dayal Sharma, aged about 37 Years, Resident of Plot No. 844, Saket Nagar, Opposite Suman Vatika, New Govind Nagar, Ramganj, Ajmer (Raj.)

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----Petitioner

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Versus

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1. State of Raj., through its District Collector (Civil Defense), Ajmer, District Ajmer (Raj.)

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Sub Controller, Civil Defense, Office Near Office of Director General of Police, Jaipur Road, Ajmer.

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Sub Fire Officer/ Training Incharge, Ajmer (Raj.)

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Dy. Director, Directorate, Civil Defense Department, Jaipur (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Vivek Joshi For Respondent(s) :

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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08/08/2023

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This writ petition has been filed by the petitioner for including him in volunteer duty (Swayam Sewak Duty) to be held in Ajmer Civil Defense.

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Counsel for petitioner has submitted that the petitioner was member of Civil Defense, Ajmer through Membership No.3438 since 2009-10. Thereafter he discharged various duties as and when assigned. When no duty was assigned to petitioner for a long period he moved representation before respondents on 15-6-2020, thereafter, he came to know that on account of one FIR No.0081/2019 lodged by Shabana Mansoori he was not being assigned any duty. On the basis of information received by the petitioner under Right to Information Act, he came to know that said Shabana complained against about 19 volunteers, but only the

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[CW-3136/2022]

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(2 of 2)

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petitioner has been targeted and removed from the duty of volunteer. Therefore, writ petition be allowed and respondents be directed to reinstate the petitioner as volunteer.

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Heard counsel for petitioner and perused the material available on record.

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It is not in dispute that against petitioner one FIR No.0081/2019 has been registered on complaint by Shabana Mansoori. This court finds that in such backdrop of factual matrix where the petitioner is facing allegations of moral turpitude in criminal case is not entitled to seek directions against respondents for assigning duties in the field of civil defense as a volunteer. It would not be out of place to mention that, on a query made by a coordinate bench of this court on 10-3-2022, counsel for petitioner sought time to place on record the relevant Rule/ Circular to prove that the petitioner has a legal right to work as a volunteer in Civil Defense, but no such Rule/ Circular has been place on record. In absence of any legal right of the petitioner, the petitioner is not entitled for any relief as prayed for within the scope of Article 226 of the Constitution of India.

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The writ petition is devoid of any substance, and the same is hereby dismissed. No costs.

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Stay application also stands dismissed.

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All pending application(s), if any, also stands disposed of.

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(SUDESH BANSAL),J

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Arn/60

Ashok Kumar Sharma Son of Shri Shambhu Dayal Sharma v. State of Raj.

Case brief

What is this about?

What did the court decide?

Ashok Kumar Sharma Son of Shri Shambhu Dayal Sharma v. State of Raj.

Case brief

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What did the court decide?

What the court decided

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