Disposed

Sita Devi W/O Om Prakash v. the State of Rajasthan

Rajasthan HC21 May 2024CW/10129/2019

Case brief

AI extract

What is this about?

Writ petitions challenging municipal employee termination orders passed without hearing were disposed of in terms of Mahesh Sharma; terminations quashed and authorities directed to hear petitioners and pass speaking orders within fixed timelines.

What did the court decide?

Impugned termination orders quashed; respondents directed to afford hearing within 4 weeks and decide by speaking order within further 8 weeks.

Sita Devi W/O Om Prakash Vs the State of Rajasthan — Service and Employment | Rajasthan HC (2024)

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[2024:RJ-JP:24123]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 6415/2020

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Raju Lal S/o Shri Suraj Mal Sangat, Aged About 43 Years, R/o House No. 1004, Kelgiri Hospital, Jhalana Basti, Malviya Nagar, Jaipur.

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----Petitioner

¶6

Versus

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The State Of Rajasthan, Through Principal Secretary, Department Of Local Bodies, Rajasthan, Secretariat, Jaipur.

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The Director-Cum- Ex-Officio Joint Secretary, Local Self Govt. G-3, Rajmahal Palace Residential Area, Civil Phatak, 22 Godown, Jaipur.

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Commissioner, Municipal Corporation, Jaipur.

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Dy. Commissioner, Vidhyadhar Nagar Zone, Municipal Corporation, Jaipur.

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----Respondents

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Connected With

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S.B. Civil Writ Petition No. 10129/2019

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Sita Devi W/o Om Prakash, Aged About 50 Years, R/o Vikas Nagar, Kali Paltan, Tonk.

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----Petitioner

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Versus

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The State Of Rajasthan, Through Director-Cum- Ex-Officio Joint Secretary, Local Self Govt. G-3, Rajmahal Palace Residential Area, Civil Phatak, 22 Godown, Jaipur.

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Commissioner, Municipal Council, Tonk.

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----Respondents

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S.B. Civil Writ Petition No. 10130/2019

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Nathu Lal Motha S/o Shri Raju Lal Motha, Aged About 48 Years, R/o Harijan Mohalla, Village Banetha, Tehsil Uniyars, District Tonk.

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----Petitioner

¶23

Versus

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The State Of Rajasthan, Through Director-Cum- Ex-Officio Joint Secretary, Local Self Govt. G-3, Rajmahal Palace

(2 of 4)

[2024:RJ-JP:24123]

[CW-6415/2020]

Residential Area, Civil Phatak, 22 Godown, Jaipur.

¶29

Commissioner, Municipal Council, Tonk.

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----Respondents

¶31

S.B. Civil Writ Petition No. 1434/2022

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Sona Gurawa W/o Norat Mal, Aged About 45 Years, R/o Devnagar Road, Badi Basti, Pushkar, District Ajmer

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----Petitioner

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Versus

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The State Of Rajasthan, Through Principal Secretary, Department Of Local Bodies, Rajasthan, Secretariat, Jaipur.

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The Director-Cum- Ex-Officio Joint Secretary, Local Self Govt. G-3, Rajmahal Palace Residential Area, Civil Line Phatak, 22 Godown, Jaipur

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Executive Officer, Nagar Palika Pushkar District Ajmer

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----Respondents

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S.B. Civil Writ Petition No. 1435/2022

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Uma Devi W/o Ramdev Ganchha, Aged About 46 Years, R/o Ganchha Mohalla, Badi Basti, Pushkar, District Ajmer

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----Petitioner

¶42

Versus

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The State Of Rajasthan, Through Principal Secretary, Department Of Local Bodies, Rajasthan, Secretariat, Jaipur.

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The Director-Cum- Ex-Officio Joint Secretary, Local Self Govt. G-3, Rajmahal Palace Residential Area, Civil Line Phatak, 22 Godown, Jaipur

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Executive Officer, Nagar Palika Pushkar District Ajmer

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----Respondents

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S.B. Civil Writ Petition No. 2452/2022

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Rupchand S/o Moti Lal, Aged About 43 Years, R/o Village Kalyanipura Harijan Basti, Ward No.53, Gulabbadi, Ajmer

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----Petitioner

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Versus

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The State Of Rajasthan, Through Principal Secretary, Department Of Local Bodies, Rajasthan, Secretariat,

(3 of 4)

[2024:RJ-JP:24123]

[CW-6415/2020]

Jaipur.

The Director-Cum- Ex-Officio Joint Secretary, Local Self Govt. G-3, Rajmahal Palace Residential Area, Civil Line Phatak, 22 Godown, Jaipur

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Dy. Director Regional, Local Self Department, Ajmer

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Commissioner, Ajmer Municipal Corporation, Ajmer

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Executive Officer, Nagar Palika Pushkar District Ajmer

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----Respondents

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For Petitioner(s) : Mr. J. R. Choudhary with Mr. M. I. Abbasi For Respondent(s) : Mr. G. S. Gill, AAG with Mr. Surya Pratap Singh Ms. Shikha Sharma

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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21/05/2024

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Learned counsel for the petitioner has submitted that the instant matters are squarely covered by the ratio of this court as enunciated in S.B. CWP No. 5955/2020 titled as Mahesh Sharma Vs. State of Raj. & Ors. decided on 01.08.2022. Hence, the instant petitions can be settled in light of the dictum enunciated in Mahesh Sharma (Supra).

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Learned counsel for the respondents has not opposed the said contention.

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With the consent of the parties, the petitions being identical have been heard together and decided in terms of the order dated 01.08.2022.

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By way of these writ petitions, petitioners have challenged the termination orders dated 05.01.2022, 03.01.2019, 27.01.2022

[2024:RJ-JP:24123]

[CW-6415/2020]

(4 of 4)

and 27.05.2019 on the ground that no opportunity of hearing was granted to the petitioner while passing the order of termination.

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Therefore, respondents are directed to afford an opportunity of hearing to the petitioners within a period of four weeks and after giving opportunity of hearing, decide the issue in question by way of speaking order within a further period of eight weeks.

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Both sides are agreeable that matter can be listed before the Competent Authority i.e. respondent No.2 (in CW No. 10129/2019 and 10130/2019), Respondent No. 4 (in SBCWP No. 6415/2020) and respondent No. 3 (in SBCWP Nos. 1435/2022, 1434/2022 and 2452/2022), for further adjudication. Therefore, petitioners are directed to appear before the aforementioned Competent Authorities on 19.06.2024 at 11.00 AM.

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In view of the aforementioned directions, the present petitions are disposed of. Meanwhile, impugned orders dated 05.01.2022, 03.01.2019, 27.01.2022 and 27.05.2019 are quashed and set aside.

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Pending applications, if any, stand disposed of.

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(SAMEER JAIN),J

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Pooja /335-340

Sita Devi W/O Om Prakash v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sita Devi W/O Om Prakash v. the State of Rajasthan

Case brief

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What did the court decide?

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