CW 817/08 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.817/08 Suresh Kumar Mangal Versus State & Ors. DATE OF ORDER : 23/07/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Lokesh Sharma, for petitioner Mr. J.K. Agrawal, Addl. Govt. Counsel *** Instant petition has been filed by petitioner with the grievance that despite being in compliance of order of appellate authority dated 12th March, 2004 he had deposited outstanding telephone bill along with 10% simple interest on 12th April, 2004 – as a consequence whereof, punishment of censure dt.9th October, 2002 inflicted upon him stands set aside, still the petitioner was apprehending that his candidature will not be considered for further promotion since respondents are taking note of punishment of censure as a part of record of service and that may cause prejudice to him. Interim order was passed by this court directing the respondents to consider the candidature of petitioner without taking into account the penalty of censure inflicted upon him on 31st January, 2008. Respondents have filed reply to the writ petition, but there is no averment in whole of the reply as to what will be the effect of order CW 817/08 [2] of the disciplinary authority after modification made by appellate authority setting aside the order of penalty on account of telephone bill along with 10% simple interest being deposited by petitioner. It is expected from the respondents to disclose since it is the only apprehension shown by petitioner and with this grievance he has approached this court by filing instant petition. After hearing counsel for parties and perusal of record, this court finds that it is a litigation which could be sorted out without approaching this court and the petitioner's apprehension could have been settled down. Once the order inflicting penalty of censure upon petitioner passed by the disciplinary authority dated 9th October, 2002, has been considered in appeal preferred by petitioner under R.23 of the rules and the same stood modified holding that if petitioner deposits outstanding telephone bill along with 10% simple interest, the penalty of censure inflicted upon him by the disciplinary authority vide order dated 9th October, 2002 will be set aside. This fact is not disputed that in compliance of order of appellate authority dt.12/3/04 [Ann.8] outstanding telephone bill along with 10% simple interest was deposited by petitioner on CW 817/08 [3] 12th April, 2004 – as a consequence whereof, in compliance of order of appellate authority penalty of censure inflicted upon him automatically stands set aside and no order is required to be passed any further. It is further made clear that once the penalty stands set aside by virtue of order of appellate authority in compliance of which the petitioner has also deposited the amount thereof, in no manner can be considered to be an impediment which may cause any prejudice to him or come in his way while considering his candidature for further promotion. With the above observations, the writ petition stands disposed of. [AJAY RASTOGI], J. FRBOHRA817CW2008 23-7.doc