Termination Stayed by Rajasthan High Court Jaipur

The departmental enquiry was conducted behind of the employee and he was not allowed to participate into the enquiry. The termination order was passed without affording any opportunity to the employee. Hon'ble Rajasthan High Court Jaipur has stayed the termination.


                                  HIGH COURT OF JUDICATURE FOR RAJASTHAN
                                                      BENCH AT JAIPUR

                                            S.B. Civil Writs No. 21252/2018

Shri Shambhu Dayal Kumawat S/o Shri AL Kumawat                                           …Petitioner


State of Rajasthan through Its Chief Secretary Administration                              ….Respondent

Advocate for Petitioner          :  Mr. Om Prakash Sheoran
Advocate for Respondents      :   

                                    HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA


           Learned counsel for the petitioner submits that the petitioner, who is an Ex-Air Force Personnel, was appointed after being selected on the post of District Project Manager at Bharatpur by Rajasthan Grameen Ajeevika Vikas Parisad at Bharatpur. It is stated that an inquiry was conducted behind his back without giving him opportunity to participate in inquiry nor copy of the inquiry report has been made available to him and his services have been dispensed with vide order dated 31.08.2018.

Issue notice to the respondents as well as the stay application, returnable within three weeks.

           In the meanwhile and till further order, the effect and operation of the award dated 31.08.2018 shall remain stayed. Petitioner shall be allowed to be continue on the post which he was holding prior to passing of the order impugned and will also draw salary.

                                                                                                             (SANJEEV PRAKASH SHARMA) J