CW 7341/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.7341/07 Dr. Jagdeep Singh Versus State & Ors. DATE OF ORDER : 06/01/2010 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Sanjeev Prakash Sharma, for petitioner *** Instant petition has been filed by petitioner with the grievance that as he was doing his M.Ch. Course - at the relevant point of time, he was not permitted to join on the post of Assistant Professor [Surgery] in pursuance of the order of appointment dt.19/07/07. This Court vide interim order dt.25th September, 2007 directed the respondents to allow the petitioner to join on the post of Assistant Professor in pursuance of his appointment order dt.19th July, 2007 in the office of respondent no.2 as he was doing his M.Ch. Course in Plastic & Reconstructive Surgery at SMS Medical College and Hospital, Jaipur. Respondents in their reply have also averred that petitioner in pursuance of his order of appointment has been allowed to continue to join on the post of Assistant Professor [General Surgery] in SMS Medical College & Hospital, Jaipur and document to this effect dt.6th October, 2007 has been placed on record. CW 7341/07 [2] Counsel submits that after he has joined service as Assistant Professor [General Surgery] and working in SMS Medical College & Hospital, Jaipur, a charge sheet has been served upon him on 10th December, 2009 U/r.16 of CCA Rules, 1958 which certainly has caused prejudice to him. Counsel further submits that he completed M.Ch. Course in September, 2008 and is performing duties of the post of Assistant Professor [General Surgery] in SMS Medical College & Hospital, Jaipur and at this stage, he has been served with the charge sheet U/r.16 of CCA Rules with the allegation that during the period from 23rd October, 2007 to 13th August, 2008 he was absent from his duties. However, Counsel submits that as he was doing his M.Ch. during the relevant period and was permitted to join under the interim order of this Court, he was not supposed to take classes as Assistant Professor [General Surgery]. In opinion of this Court, relief which the petitioner has prayed for in the instant petition was granted under the interim order of this Court and orders were also issued by the State Government permitting petitioner to join on the post of Assistant Professor. In view thereof, CW 7341/07 [3] once the petitioner has joined service and relief prayed for has been granted finally by the State Government as well, nothing survives in the instant petition. As regards charge sheet which has been served upon the petitioner placed before this court for perusal dt.10th December, 2009, it will be open for the petitioner to submit representation/reply to the charge sheet pointing out his justification of the period which has been referred to in the charge sheet served upon him dt.10th December, 2009 and if such a representation is made, it is expected from the competent authority to examine the same independently without taking any further action against the petitioner in pursuance of charge sheet referred to supra and at the same time, petitioner is always at liberty to avail remedy available under law. With these directions, the writ petition stands disposed of. [AJAY RASTOGI], J. FRBOHRA7341CW07 6-1.doc