RAKESH KUMAR Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2019-8-29
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on August 05,2019

RAKESH KUMAR Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

PUSHPENDRA SINGH BHATI,J. - (1.) The petitioners have preferred this writ petition claiming the following reliefs:- "i) by issuance of suitable writ, direction or order in the nature thereof thereby the Hon'ble Court may kindly be pleased to quash and set aside the impugned punishment order No.F- 1(174)Karmik/Ka-3/Jaanch/2017 dated 26.11.2018 passed by the Joint Secretary, Department of Personnel (Group-Ka-3/Enquiry), State of Rajasthan, Jaipur (Rajasthan), whereby he passed the order of stoppage of one grade increment without cumulative effect against the petitioners with all consequential benefits. ii) Any other order or direction, which your lordship may deem just and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioner and in the interest of justice. Iii). The writ petition may kindly be allowed throughout with costs."
(2.) The petitioners are aggrieved by the order culminating out of disciplinary proceedings under Rule 17 of the Rajasthan Civil Services (Classification, Control and Appeals) Rules, 1958.
(3.) The brief facts as noticed are that work for operation and maintenance of RUIDP Intakewell CPH, 33 KV GSS, 64 MLD WTP Plant Unit IIIrd at Akelgarh Kota was to be done for which a tender notice No.31/2013-14 was invited. The three Companies which submitted their tender work; M/s. K.K. Construction Company, M/s. Dynamic Intact Power Private Limited and M/s. Karuna Enterprises. M/s. Karuna Enterprises could not participate in the tender because in the tender condition it was not falling within the parameter of the tender value but the other two companies participated and M/s. K.K. Construction Company was given the work. Since the work could not be completed, the respondents intimated M/s. Dynamic Intact Power Private Limited to complete the work under the same terms and conditions which were already operating in the contract. The petitioners thereafter, allotted the work to Ms. Karuna Enterprises which agreed to complete the remaining work as per rates and conditions of the main work order of M/s. K.K. Construction.;


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