RAJKUMAR PALIWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BEING aggrieved by the rejection of his challenge to the order of his repatriation to his placement agency i.e. M/s Human Resource Associates, Udaipur, the appellant -writ -petitioner seeks redress.

(2.) WE have heard Mr.Ravindra Singh, learned counsel for the appellant -writ -petitioner.

(3.) THE respondents no.2 to 5 in their reply while admitting that the appellant -writ -petitioner was appointed in the office of the BRCF, Girwa, Udaipur on 9.1.2009 questioned the maintainability of the writ petition on the ground of being laden with the disputed questions of fact. They averred as well that the Rajasthan Council of Elementary Education Society registered under the Rajasthan Society Registration Act, 1958 of which Sarva Shiksha Abhiyan is a project, was not an authority under Article 12 of the Constitution of India and thus, was not amenable to the writ jurisdiction of this Court. According to them, the appellant -writ -petitioner was appointed through a placement agency to render his services with SSA on a contract basis for a fixed term and subject to the terms and conditions as fixed by such agency. They alleged that the appellant -writ -petitioner was found guilty of committing embezzlement and though asked for he having failed to provide any explanation, his services were returned to the placement agency. The respondents referred inter -alia to the communciations addressed to the appellant -writ -petitioner making queries with regard to shortage of Rs.6888/ - in the cash deposit, physical verification of the office stock, demand register as well as non - compliance of the orders of the superior authorities of SSA together with the inspection report to reinforce their plea of involvement of the appellant -writ -petitioner in grave financial irregularities in his day to day functioning. They averred as well that thorough deliberations on the issue had preceded the decision to return his services and that eventually the order to that effect was passed on a decision being taken in that regard by the concerned District Project Coordinator.