- (1.) As the questions of law and fact are common, cases in the Schedule appended hereto, were heard along with this case and are being decided by this judgment. It is made clear that challenge to individual inquiries under the relevant Service Rules or institution of criminal proceeding is not considered and it is left open for the petitioners to challenge it, if so advised, by filing separate writ petitions.
(2.) Petitioners have challenged circulars dated 13.7.2001 and 26.7.2001 as also instructions/clarification issued thereof by the Department of Personnel Government of Rajasthan vide circulars dated 10.8.2001, 3.9.2001, 13.9.2001, and the consequent transfer orders issued by the Government. Circular dated 13.7.2001 regarding field posting of Government servants facing criminal charges/departmental enquiry under R.16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules 1958 (for short "R.16 CCA") on account of embezzlement/misappropriation of funds causing financial loss to the Government and serious financial irregularities, reads thus "It has been observed that Government servants who are facing criminal charges/departmental enquiry under R.16 CCA on account of embezzlement of Government funds, misappropriation of funds, causing financial loss to the State Government or serious financial irregularities are sometimes given field postings or other postings which involve direct contact with the public or handling of cash. Not only does this send a wrong signal amongst the people at large, it is also not desirable that such Government servants should be given field postings or other postings involving direct contact with the public or handling of cash till such time as they have been cleared in the criminal proceedings/departmental enquiry pending against them. The matter has been considered by the State Government and it has been decided that all those Government servants who are facing criminal charges/departmental enquiry under R.16 CCA on account of embezzlement of Government funds, misappropriation of funds, causing financial loss to the State Government, or serious financial irregularities should not be given field postings or other postings which involve direct contact with the public or handling of cash. All principal Secretaries to Government/Secretaries to Government and Head of Departments are requested to immediately prepare a complete list of Government servants. Therefore, it may be ensured that if any such Government servant has been given a field posting or a posting which involves direct contact with the public, he should be immediately shifted from his present post to some post other than a field post/post involving direct contact with the public or which involve handling of cash....." By this circular the Government wants to restrain the Government servants facing criminal charges/departmental enquiry under R.16 CCA on account of embezzlement of Government funds, misappropriation of funds, causing financial loss to the State Government, or serious financial irregularities from being posted on a post involving direct contact with the public or handling of cash.
(3.) Circular dated 26.7.2001, issued in continuation to the circular dated 13.7.2001, reads thus "...the State Government has further decided that all those Government servants who have already been convicted in any criminal proceeding or who have been penalised with any major penalty in departmental enquiry under R.16 CCA on account of charges of embezzlement of Government funds, misappropriation of funds, causing financial loss to the State Government, or serious financial irregularities, should also not be given field postings or other postings which involve direct contact with the public or handling of cash." Thus, this circular further restrains from posting Government servants convicted in any criminal proceeding or penalised with any major penalty in departmental enquiry for the charges mentioned in the circular, on post involving direct contact with the public or handling of cash.;