CW 9794/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.9794/07 Ramesh Chand Lakhiwal Versus State & Ors. DATE OF ORDER : 08/12/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. P.V. Calla, for petitioner Mr. J.K. Agrawal, Addl. Govt. Counsel, for State *** Instant petition has been filed by petitioner assailing order Ann.3 dt.16th October, 2007 whereby his headquarter has been changed during suspension from Tehsil Office, Jaipur to Office of Collector, Jhunjhunu. Petitioner while working as Upper Division Clerk, Tehsil, Amer, a Criminal Case No.141/95 was registered against him. Pending criminal trial, the petitioner was placed under suspension vide order dt.28th February, 1996 and his headquarter under suspension was Tehsil Office, Jaipur. Pending trial, taking note of the circular Ann.4 dt.23rd August, 2006 his headquarter was changed from Tehsil Office, Jaipur to District Collector, Jhujhunu vide order Ann.3 dt.16th October, 2007. CW 9794/07 [2] Counsel for petitioner submits that as regards criminal case registered against petitioner, he was convicted by the competent court of jurisdiction vide judgment dt.11th June, 1999 – against which he preferred S.B. Criminal Appeal No.397/99 and in Criminal Misc. Application No.822/2000 conviction itself was stayed by this court on 19th October, 2000 and his appeal is pending consideration in this court. His only grievance is that the circular, of which reference has been made by the respondents for change of his headquarter during suspension applies to the cases where criminal cases are instituted or pending trial. But, in the instant case, once he has been finally convicted by the competent court of jurisdiction and in pendency of appeal, circular has no application and in such circumstances, change of his headquarter vide order Ann.3 dt.16th October, 2007 does not hold good. Notices were issued by this court on 3rd December, 2007 which has been duly served upon the respondents. Neither they have filed reply to CW 9794/07 [3] the writ petition nor Counsel for State is able to assist this court in the matter. Counsel for respondents submits that since he is not being provided with the relevant papers from the office, it will not be possible for him to assist in the matter. Petitioner was placed under suspension because of criminal case instituted against him on 28th February, 1996 and the circular, of which reference has been made by the respondents dt.23rd August, 2006 [Ann.4] appears to have been issued from the Board of Revenue, Ajmer with an object that person facing investigation/criminal trial under Prevention of Corruption Act shall not be allowed to continue at the same station during suspension that may interfere in the fair trial instituted against him. But, in the instant case, trial is no more pending against the petitioner and after conclusion of trial, he was convicted on 11th June, 1999 and criminal appeal is pending and the order of conviction has been stayed by this court vide order dt.19/10/2000. CW 9794/07 [4] Counsel further apprised this court about family circumstances also. Without going into merits of the matter at this stage, this court considers it proper to direct the petitioner to submit a fresh representation under R.13(5) of CCA Rules, 1958 with regard to change of headquarter before the competent authority within a period of one month, who is directed to consider and decide the same by a speaking order in accordance with law within a period of two months thereafter. Copy of their decision be communicated to petitioner also. If still petitioner feels aggrieved by their decision, he will be free to avail remedy available under law. With the above observations, the writ petition stands disposed of. [AJAY RASTOGI], J. FRBOHRA9794CW07 8-12.doc