1 S.B. Civil Writ Petition No.4429/2010 Ex Service Man Kalyan Bahu-Udheshiya Sahakari Samiti ltd vs State of Rajasthan & Ors. Date of Order: 5.5.2010 HON'BLE MR. PRAKASH TATIA, J. Mr. RS Choudhary, for the petitioner. <><><> Heard learned counsel for the petitioner. The petitioner is aggrieved against the order dated 28.4.2010 (Annex.13) as well as against the order of the same date dated 28.4.2010 (Annex.14). According to learned counsel for the petitioner, the petitioner was not guilty for any of the misconduct as alleged in the inquiry report. It is also submitted that petitioner was not given an opportunity of hearing and, therefore, the order dated 8.4.2010 is illegal. Learned counsel for the petitioner also submitted that none of the act of the petitioner was under consideration nor it could have been under consideration because of the reason that petitioner was only a placement agency who could have forwarded the name of the persons to be appointed under Sarva Shiksha Abhiyan (hereinafter referred to as SSA) and the documents are verified by the officer of the SSA and 2 thereafter, appointments were given and not only that but the conditions were subjected to interview before giving approval. I considered the submissions of learned counsel for the petitioner and perused the material placed on record including the inquiry report. There are 4 allegations against the petitioner and in inquiry findings have been recorded and prima facie it appear that there is involvement of the petitioner. The detail reasons have been given in the inquiry report. The District Collector, Nagaur considered the inquiry report and, thereafter, passed the impugned order and black listed the petitioner. The matter has also been referred to the ACD for investigation and for further action. Therefore, it will not be proper for this court to record any finding on any of the allegations levelled against the petitioner. The petitioner's contention that he was only an agency to provide man power and was not responsible for giving appointment is concerned, that plea cannot help the petitioner because of the plain and simple reason that placement agency is not an agency who can pick up any person from road and provided to the Government so as to put burden upon the Government to find out the credentials of the persons and the agency may take away the commission for providing manpower. 3 Therefore, there is no illegality in the orders impugned and the writ petition of the petitioner having no merit is hereby dismissed. [PRAKASH TATIA],J. cpgoyal/-