JETHMAL Vs. STATE OF RAJASTHAN
LAWS(RAJ)-1984-9-25
HIGH COURT OF RAJASTHAN
Decided on September 27,1984

JETHMAL Appellant
VERSUS
STATE OF RAJASTHAN Respondents


Referred Judgements :-

FREE CHURCH OF SCOTLAND V. OVERTEUN [REFERRED TO]
GHANSHYAM DAS SRIVASTVA V. STATE OF MADHYA PRADESH [REFERRED TO]
BALDEV RAJ CHADHE V. UNION OF INDIA AND ORS. [REFERRED TO]
PARTAP SINGH V. STATE OF PUNJAB [REFERRED TO]
STATE OF MYSORE VS. C N VIJENDRA RAO [REFERRED TO]
SWAMI SARAN SAKSENA VS. STATE OF UTTAR PRADESH [REFERRED TOSC]
BRIJ BEHARI LAL AGARWAL VS. HONBLE HIGH COURT OF MADHYA PRADESH [REFERRED TOSC]
S P KAPOOR JIWAN LAL VS. STATE OF HIMACHAL PRADESH:STATE OF HIMACHAL PRADESH [REFERRED TO]
BOARD OF TRUSTEES OF THE PORT OF BOMBAY VS. DILIPKUMAR RAGHAVENDRANATH NADKARNI [REFERRED TO]
Thanaram VS. State of Rajasthan [REFERRED TO]
STATE OF RAJASTHAN VS. NARENDRA MAL [REFERRED TO]
DEO NARAYAN VS. STATE OF RAJASTHAN AND ORS. [REFERRED TO]



Cited Judgements :-

RAMESHWAR LAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-1987-2-93] [REFERRED TO]


JUDGEMENT

VINOD SHANKER DAVE, J. - (1.)THE petitioner has filed two writ petitions in this Court. In S.B. Civil Writ Petition No. 2501/83 the petitioner has prayed that the departmental enquiries No. 3/82, 4/82, 5/82 and 7/82 initiated against him by the learned District Judge, Jodhpur be quashed and the respondents may also be directed to pay him the subsistence allowance with effect from September 4, 9182, the date on which he was placed under suspension.
(2.)IN S.B. Civil writ petition No. 2541/83 the petitioner has prayed that the order, dated September 2, 1983, compulsory retiring the petitioner from service under Rule 244(2) of the R.S.R. be quashed. Though the impugned actions are common, hence I am disposing of both these writ petitions by this single order.
Shocking and startling facts, mentioned hereunder, tell a sad tale of petitioner, a clerk working as upper division clerk in court subordinate to District Judge, Jodhpur who because of the arbitrary and non -judicious approach of Shri Acharya Girdharlal, the then District Judge, Jodhpur on administrative side had not only to face humilation but also suffered harassment and faced victimization.

(3.)THE petitioner was initially appointed as a lower division clerk in the court of District and Session Judge, Balotra on September 4, 1951. Thereafter, he was promotes as upper division clerk with effect from June 1, 1970. At the relevant time he was working under District Judge, Jodhpur In later part of 1981 he was transferred form Osian to Jodhpur and was posted as Reader in Court of the Chief Judicial Magistrate, Jodhpur. The styled as 'Rajasthan Rajya Nyayaik Karamchari Singh' with district branches also. The elections of the office bearers of Zila Sakha, Jodhpur were due in may, 1982 and the nominations were invited in the month of April, 1982. The petitioner filed his nomination for the office of President -ship but the elections were postponed to July 15, 1982. The petitioner was sought to be opposed by respondent No. 3, Shiv Dutt Harsh, who was holding the post of Munsarim in District Court, Jodhpur. The petitioner's case is that Shiv Dutt Harsh at that time held lot of influence over judicial officers including District Judge as he always claimed himself to be very close to the erstwhile Chief Justice. He could not have conceived of any other employee in the District Judgeship to influence on the petitioner and tried to pressurize him to withdraw his candidate but when he failed in his endeavour he resorted to other practices and sought the aid of the then District Judge posted at Jodhpur. Contrary to the Government circular imposing ban on transfers and the general instructions issued by the Registrar. Rajasthan High Court, dated October 22, 1974, an order of transfer on May 1, 1982, was issued by the District Judge. Jodhpur transferring the petitioner from the court of the Chief Judicial Magistrate, Jodhpur to that of the court of Musiff and Judicial Magistrate, Pokaran. The petitioner who was on leave was unceremonious'y relieved by orders, dated May 6 and May 15, 1982.


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