KAILASH CHOUDHARY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

(2.) Brief facts of the case, as placed before this Court by learned counsel for the petitioner, are that the petitioner was initially appointed on the post of Constable in the police department vide order dtd. 29/8/2011. The Forest Department issued an advertisement on 17/1/2013 for the post of Forest Guard, and the petitioner applied for the same. Thereafter, the petitioner was appointed as Forest Guard vide order dtd. 30/5/2013, and prior to such appointment, the petitioner resigned from the previous appointment on the post of Constable, which was accepted on 23/5/2013, after deposition of the training expenses and salary totalling Rs.64,604.00 by the petitioner. As per the petitioner, the demand of deposition of the aforesaid sum as a condition precedent for acceptance of the resignation was not a valid and lawful demand, and thus, being aggrieved by the same, the present petition has been preferred claiming the afore-quoted reliefs.

(3.) Learned counsel for the petitioner submitted that the petitioner joined the duties as Forest Guard after tendering due resignation, after rendering dedicated services as Constable in the police department, and therefore, the recovery of training expenses and salary by the respondents is not justified in law.