1 SBCWP 10589/2009 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.10589/2009. Sagar Mal Choudhary Vs. State of Rajasthan and others.. DATE OF ORDER : 02/09/2009 HON'BLE MR. JUSTICE AJAY RASTOGI *** Mr. Satish Bijarnia, for the petitioner. Petitioner, who is working as Commercial Taxes Officer, was served with a charge sheet and as it appears from record, the enquiry officer has not found the charge proved against him in enquiry initiated under Rule 16 of Rajasthan Civil Services (CCA) Rules, 1958 but the disciplinary authority has disagreed with the findings of the enquiry officer and served a note of disagreement along with notice to the petitioner (Annexure-1) dated 26/02/2009. Although, reply to the notice/note of disagreement has been furnished by him but his grievance is that because of pending enquiry his right of further consideration for promotion will be jeopardized. In the opinion of this Court, so far as note of disagreement served upon the petitioner is concerned, it has yet to be 2 SBCWP 10589/2009 examined by the competent authority while taking its final decision and it will not be appropriate to make any observations which certainly may cause prejudice to the petitioner. So far as the submission made with regard to his consideration for further promotion is is concerned, suffice it to say that if one is facing enquiry, certainly it deprives the incumbent of his future consideration which is dependent upon the outcome of departmental enquiry initiated but no relief can be granted to the petitioner because of pending enquiry at this stage. Consequently, this Court does not find any substance in the writ petition and it is accordingly dismissed. However, it is expected from the authorities to decide the pending enquiry expeditiously in accordance with law within two months from furnishing certified copy of this order. [AJAY RASTOGI], J. Raghu