CW 12343/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** 1-Civil Writ Petition No.12343/2009 Smt. Savitri Vaishnav Versus State & Ors. 2-Civil Writ Petition No.12333/2009 Satya Narain Bairwa Versus State & Ors. Date of Order ::: 05/10/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Ashish Saxena, for petitioners Both these petitions since involve common controversy are being disposed of by this order. As alleged, petitioner (Smt. Savitri- CWP-12343/09) who was engaged as Rozgar Sahyak & under NERGA Scheme, in Gram Panchayat Salari, Panchayat Samiti Kekri (Ajmer) has approached this Court on the premise that Chief Executive Officer Zila Parishad vide letter dt.16/09/09 (Ann.1) has directed Vikas Adhikari Panchayat Samiti Kekri to take action against petitioner dispensing with her services. At the same time, Satya Narain Bairwawho is working as Gram Sevak-cum-Secretary, Gram Panchayat Salari Panchayat Samiti Kekri (Ajmer) and holding post in substantive capacity being a member of Rajasthan Panchayatiraj Rules, 1996 has also preferred CWP-12333/09 against letter proposing for taking disciplinary action against him referred to in letter dt.16/09/09 (Ann.5). CW 12343/09 //2// Counsel for petitioners submits that finding recorded against petitioner in the inquiry conducted by the authority is without jurisdiction since the inquiry has not been conducted with regard to alleged misconduct in terms of Cl.6 of agreement executed with the petitioner. As regards 2nd petitioner (SN Bairwa), Counsel submits that finding recorded in the inquiry would certainly cause prejudice to him in regular disciplinary inquiry if conducted U/r 16 of Rajasthan Civil Services (Classification, control & Appeal) Rules, 1958 (“CCA Rules”). In the opinion of this Court, submission made by Counsel in both the petitions is without substance for the reason that as regards petitioner (savitri Vaishnav), her services are regulated in terms of agreement which does not have any statutory force; yet still she being appointed as Rozgar Sayak on contract basis, inquiry was conducted by official of State Government whereinprima facie finding has been recorded against her and what has been observed by Chief Executive Officer in its letter dt.16/09/09 (Ann.5) impugned herein is only a direction to Vikash Adhikari for taking action in accordance with CW 12343/09 //3// law but no order has been passed by the authority which may in any manner cause prejudice to her. That apart, as regards Satya Narain Bairwa, inquiry report placed on record (Ann.4) may be a prima facie evidence but the authority has directed to take action in accordance with disciplinary (CCA) Rules; and if the charge sheet is served, he will certainly get an opportunity to make his counter in defence and procedure provided under CCA Rules will certainly take note of compliance of rules of natural justice and what has been observed in inquiry report impugned will in no manner cause prejudice in independent disciplinary inquiry which is yet to be initiated, if any against him. This Court does not find any merit in either of petitions. Consequently, both the writ petitions fail and are hereby dismissed. (Ajay Rastogi), J. K.Khatri/p.3/ 12343CW09(2)Oct5-Ds.doc