CW 6722/08 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.6722/08 Shri Prayag Raj Vijay Versus The Secretary to Govt. & Ors. DATE OF ORDER : 21/07/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. M.M. Ranjan, for petitioner *** Instant petition has been filed by petitioner who is working as Assistant Engineer assailing charge sheet served upon him under R.16/18 of CCA Rules, 1958 vide order dated 24th September, 2007 [Ann.11]. Counsel submits that the petitioner was served with the charge sheet vide memorandum Ann.4 dated 26th February, 2005 and inquiry was also initiated against Hari Singh Yadav which is evident from Ann.5 dated 25th November, 2005, who infact as alleged was Assistant Engineer working at the relevant point of time, thus, initiation of inquiry against him is not legally justified and the same deserves to be dropped. So far as charges levelled against him, of which reference has been made in Ann.4, is CW 6722/08 [2] concerned, as alleged it was misconduct which has been committed and the same can be inquired into only in regular departmental inquiry and no opinion can be expressed at this stage with regard to fact as to whether petitioner was in any manner connected with the alleged misconduct or not. So far as submission made by counsel with respect to disciplinary inquiry being faced by Mr. Yadav is concerned, suffice it to say that if other officers are also in any manner directly or indirectly connected with the alleged misconduct, they can also be charge sheeted, but at the same time, petitioner cannot be exonerated unless to inquire into which certainly can be made by the inquiry officer. It will be open for petitioner to submit his defence pointing out the fact which he has submitted before this court. Consequently, this court finds no substance in the writ petition, the same stands dismissed. [AJAY RASTOGI], J. FRBOHRA6722CW2008 21-7.doc