CHAITANYA PRAKASH PANWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the order dated 04.09.2019 (Annex.-7), whereby, the petitioner has been made APO by the Joint Director, Medical and Health Services, Zone - Udaipur and subsequent orders passed, whereby, for the non-compliance of the said order dated 04.09.2019, directions have been given for initiating proceedings against petitioner under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 ('Rules of 1958').

(2.) It is inter alia indicated in the writ petition that by order dated 29.06.2019 the petitioner was promoted on the post of Assistant Drug Controller ('ADC') and by the same order was posted as Assistant Drug Controller, Udaipur, pursuant thereto petitioner joined on 01.07.2019 at Udaipur. One Mr. Diwakar Patel, the Assistant Drug Controller working at Udaipur, indicated that there was only one post, based on which, the Joint Director sought clarification from the Deputy Secretary by his communication dated 22.08.2019 (Annex.-6). However, when no communication was received, the order impugned dated 04.09.2019 (Annex.-7) was passed by the Joint Director.

(3.) Subsequent thereto, on 29.09.2019 (Annex.-9) the said Mr. Diwakar Patel was transferred to Jaipur, however, the Dy. Secretary on 01.11.2019, required the petitioner, to give his joining pursuant to the order of making him APO or else action would be taken against him and simultaneously required the Drug Controller to initiate proceedings against petitioner under Rule 16 of Rules of 1958.