Disposed

Uma Devi W/O Ramdev Ganchha v. the State of Rajasthan

Rajasthan HC21 May 2024CW/1435/2022

Case brief

AI extract

What is this about?

The Rajasthan High Court disposed of multiple writ petitions challenging termination orders passed without an opportunity of hearing. The court quashed the impugned orders and directed the competent authorities to afford a hearing and decide the matters by speaking orders.

What did the court decide?

The impugned termination orders dated 05.01.2022, 03.01.2019, 27.01.2022 and 27.05.2019 are quashed. Respondents directed to afford hearing within four weeks and decide by speaking order within eight

Uma Devi W/O Ramdev Ganchha 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

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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 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

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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

(2 of 4)

[2024:RJ-JP:24123]

[CW-6415/2020]

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. 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

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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. 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

Uma Devi W/O Ramdev Ganchha v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Uma Devi W/O Ramdev Ganchha v. the State of Rajasthan

Case brief

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What did the court decide?

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