Manish Kumar Sharma Son of Shri Mool Chand Sharma Vs State of Rajasthan

“i. That the Hon’ble court may kindly be pleased to issues an appropriate writ, order or direction quashing and setting aside the impugned order No. 972-76 dated 19.08.2021 and order No. 982-86 dated 19.08.2021 passed by respondents and respondents may kindly directed to not took any adverse action against the petitioner in the larger interest of justice.

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ii. That any other appropriate order or direction which is deemed just and proper under the facts

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(2 of 3)

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[2025:RJ-JP:47248]

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[CW-11931/2023]

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and circumstances of the case may kindly be issued in favour of the humble petitioner. iii. That the writ petition may kindly be allowed throughout with cost.”

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Learned counsel for petitioner while placing reliance upon judgment in case of Raghuveer Singh Vs. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.20358/2018 submits that penalty of censure does not come in the way while consideration of candidature for grant of any promotion or ACP to the petitioner by the respondents. He also placed reliance upon order dated 30.08.2024 in S.B. Civil Writ Petition No.2/2018 : Bhanwar Singh Jakhad Vs. State of Rajasthan and Ors. decided by a Co-ordinate Bench at Principal Seat, Jodhpur and submits that even in case of stoppage of one increment without cumulative effect is not affect the promotion.

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Learned counsel appearing on behalf of learned AAG candidly admits the case of present petitioner is squarely covered with judgment in case of Raghuveer Singh Vs. State (supra) and he submits that he has no objection in case, a direction is passed for consideration of case of petitioner based on ratio in said judgments.

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Instant writ petition is preferred by the petitioner to challenge the order No. 972-76 dated 19.08.2021 and order No. 982-86 dated 19.08.2021. During pendency of this writ petition, an application No.1/2025 is filed by the petitioner for disposal of the writ petition in accordance with the judgment as referred by him. The only contention of the petitioner is that the punishment of censure and stoppage of one annual grade increment without

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[2025:RJ-JP:47248] (3 of 3)

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[CW-11931/2023]

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cumulative effect not affect his chances of promotion or grant of ACP.

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Considering submissions of learned counsel for the parties, the writ petition is disposed of in terms of the ratio laid down in case of Raghuveer Singh Vs. State (supra) and Bhanwar Singh Jakhad Vs. State of Rajasthan and Ors. , if applicable upon the facts and circumstances, the respondents shall consider the case of the present petitioner in light of said judgment as and when the matter would be considered for promotion or grant of ACP to the petitioner.

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With aforesaid, the instant writ petition and misc. application, if any, stands disposed of.

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(ASHOK KUMAR JAIN),J

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MR/94

Manish Kumar Sharma Son of Shri Mool Chand Sharma v. State of Rajasthan

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Manish Kumar Sharma Son of Shri Mool Chand Sharma v. State of Rajasthan

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