SBCWP NO.6126/02. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.6126/2002. Ashok Kumar Pareek Versus State of Rajasthan & Ors. Date of order:- January 15, 2009. HON'BLE SHRI JUSTICE MOHAMMAD RAFIQ Shri Ashok Bansal for the petitioner. Shri Hemant Gupta, Additional Government Counsel. ***** BY THE COURT :- Heard learned for the parties. 2) This writ petition has been filed for quashing and setting aside the notice dated 7/8/2002 (Annexure-8) issued to the petitioner under Rule 17 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958. 3) Shri Ashok Bansal, learned counsel for the petitioner has argued that disciplinary proceedings under Rule 17 of the CCA Rules have wrongly been initiated against the petitioner as in the preliminary enquiry already held at the level of the Deputy Director, the charges could not be found proved against the petitioner. There was thus no basis for initiating enquiry under Rule 17 of the CCA against the petitioner. Learned counsel further submitted that on the self-same charges, notice under Rule 17 of the CCA Rules could not be issued. Deputy Director in the preliminary enquiry report merely recommended transfer of the petitioner and the said notice was issued when SBCWP NO.6126/02. 2 petitioner was transferred and he challenged the order of transfer separately. 4) Perusal of the enquiry report does not show that there was any finding of exoneration although it was stated in the said notice that it would be conducive for the effective administrative of justice that the petitioner is transferred from the office of District Education Officer where, he was in-charge of the establishment branch to any school. If that be so, petitioner can always in reply to the notice under Rule 17 of the CCA Rules submit the copy of the preliminary enquiry report and give his defence to such notice but at this stage, no interference with the impugned notice can be called for. The writ petition is accordingly dismissed. (MOHAMMAD RAFIQ), J. anil SBCWP NO.6126/02. 3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL MISC. STAY APPLICATION NO.5683/2002. IN S.B. CIVIL WRIT PETITION NO.6126/2002. Ashok Kumar Pareek Versus State of Rajasthan & Ors. Date of order:- January 15, 2009. HON'BLE SHRI JUSTICE MOHAMMAD RAFIQ Shri Ashok Bansal for the applicant-petitioner. Shri Hemant Gupta, Additional Government Counsel. ***** BY THE COURT :- Consequent upon dismissal of the writ petition, the stay application is also dismissed. The interim-order dated 25/9/2002 is vacated. (MOHAMMAD RAFIQ), J. anil