MANOJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Under challenge in this petition is the order dtd. 30/8/2013 whereby the appointment of Safai Karamcharis by the Nagar Parishad, Karauli vide order dtd. 3/7/2013 and their joining thereon on 17/7/2013 was canceled for reasons of an inquiry on complaints into the selection process being conducted by the Department of Local Self-Government. By an ex parte ad interim order dtd. 13/9/2013, the court meanwhile stayed the impugned order setting the respondents at liberty to move an application for its vacation if the outcome of the departmental inquiry into the selection process was adverse to those appointed.

(2.) This ex-parte ad interim order dtd. 13/9/2013 has been continuing since its passing. On a query to Ms. Archana appearing for Mr. Anil Mehta, AAG for the respondent-State, she submitted that departmental inquiry into the selections in issue made to the post of Safai Karamchari in Nagar Parishad, Karauli could not be completed as soon after passing of the court's order, the matter was taken up for investigation by the Anti Corruption Bureau (ACB) on complaint No. 550/13. In the course of investigation the record relating to the selections in issue was seized by ACB. She submitted that in the absence of the record the departmental inquiry into the illegality of the selection process for the post of Safai Karamchari, Zila Parishad, Karauli by the Department of Local Self-Government is pending.

(3.) It is odd considered that on a petty issue of the selection to the post of Safai Karamchari, Nagar Parishad, Karauli investigation has been pending with ACB for about a period of 6 years. In the circumstances, it would be appropriate to require the Investigating Officer investigating into the complaint in issue to be present in court on 22/7/2019 with the case diary/ progress report and inform the court as to the status of the investigation and explain as to why the investigation has not yet been completed.