CHARAN SINGH Vs. JVVN LTD., JODHPUR

JUDGEMENT

(1.) AS a consequent to process of selection conducted by the respondents as per the Rajasthan State Electricity Board Technical Workmen Regulations, 1975, an appointment was accorded to the petitioner as Technical Helper (Probationer Trainee) with Jodhpur Vidhyut Vitaran Nigam Limited, Jodhpur by an order dated 20.4.2010. Under the order dated 12.5.2010 the petitioner was posted in the office of Assistant Engineer (O&M), Srivijaynagar District Sriganganagar. After getting the services joined by an order dated 29.6.2010 the Superintending Engineer (O&M), Sriganganagar terminated the petitioner from service being no more required in view of unsatisfactory character report received tom the Superintendent of Police, Sriganganagar. In the order of termination dated 29.6.2010 the Superintending Engineer referred two criminal cases being No.556 dated 3.12.2004 and 557 dated 8.12.2004. Being aggrieved by the order dated 29.6.2010 the petitioner filed a petition for writ before this Court (S.B.Civil Writ Petition No.5858/2010) with assertion that the State Government decided to withdraw the cases registered against the petitioner as those were outcome of a peasant agitation and the - decision was sought to be reviewed by way of filing an application under Section 321 of the Code of Criminal Procedure but no such review was allowed by the competent court and the petitioner was discharged from the alleged criminal charges vide orders dated 3.12.2009, as such no reason was there to pass the order impugned. A Coordinate Bench of this Court disposed of the writ petition in limine with following observations: - ''The petitioner is, therefore, relegated to the respondent -authorities and he may make a representation along with copy of Government Orders and satisfy the respondent No.2 that no criminal case is/are pending against him, therefore, no adverse inference can be drawn for removing him from the services. The respondent No.2 is expected to verify such facts of case with Superintendent of Police, and if it is found that criminal cases against the petitioner have been withdrawn by the State Government, then fresh and appropriate orders may be passed in accordance with law revoking the impugned order dated 29.6.2010. However, if any adverse order is still passed against the petitioner with reasons, the petitioner would be free to avail the remedy available to him under the law against such adverse order. ''

(2.) IN pursuant to the order dated 7.7.2010 the petitioner submitted a representation to the Superintending Engineer (O&M), Jodhpur Discom, Sriganganagar, but of no consequence. After waiting for a substantial time this petition for writ has been filed with following prayers: -

(3.) THIS Court vide order dated 18.3.2011 issued notices to the respondents. No reply to the writ petition has been filed so far.