1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B.CIVIL WRIT PETITION No.2380/2001. : : Rajendra Kumar Mangwani Vs. State of Rajasthan & Ors. : : Date of Order 10.7.2008 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr.Anurag Sharma for the petitioner. Ms.Parinitoo Jain, Dy.Govt.Counsel, for the State. This writ petition has been filed by the petitioner who at the relevant time was undergoing training as Probationer Sub-Inspector in Rajasthan Police Academy, Jaipur. The petitioner has challenged the order dated 8.5.2001 by which he was relieved from the training and was directed to join at Police Headquarters in terms of Standing Order No.2/98 for disciplinary purposes. This order was passed on the premise that during the training the petitioner habitually and frequently absented for long periods. The petitioner has challenged the aforesaid order on the premise that he was prevented by illness from joining the training from 22.3.2001 to 3.4.2001. A medical certificate 2 to this was produced. He contended that after 3.4.2001 the petitioner was not allowed to join the training on account of clendestine understanding between the respondents Nos.5 and 6. He has asserted that the Standing Order No.2/98 pursuant to which he was sought to be sent back to the Police Headquarter is ultravires of the provisions of Constitution of India as ther is no appeal against such decision. It was argued that prior to passing of the impugned order copy of the order was not provided to him. Learned counsel for the respondents in reply to the writ petition came out with the plea that the petitioner is habitual absentee from training. The petitioner was charge- sheeted under Rule 17 of CCA Rules for absence from 13.7.2000 to 19.7.2000 and again from 22.7.2000 to 23.8.2000. His two grade increments were withheld without cumulative effect and period of 40 days was regularised by grant of leave. Subsequently again the petitioner absented from 1.11.99 to 16.11.99 for 16 days, from 17.11.99 to 28.11.99 for 12 days and thereafter from 14.12.99 to 19.1.2000 for 37 days, thus for total 49 days. For this delinquency also Disciplinary Authority vide order dated 1.2.2001 withheld three grade increments without cumulative effect and regularised the absence of 45 days by grant of 3 leave. In the background of these facts, the decision of the respondents to relive the petitioner from training and sending him to Police Headquarter as per Standing Order No.2/98 cannot be said to be unreasonable, arbitrary or otherwise illegal. I, therefore, do not find any merit in the writ petition and the same is dismissed. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.35.