Kamlesh Kumar Mahawar vs State Of Rajasthan And Others

Arun Bhansali, J

This writ petition has been filed by the petitioner seeking following reliefs:-

"1. By an appropriate writ, order or direction, direct the respondents to inflict appropriate penalty upon private respondent by review/recall the order dated 15.12.2020, considering the misconduct of private respondent and thereafter terminated her services.

Or alternate by an appropriate writ, order or direction the respondents not to confirm her till the pendency of criminal cases no. Cr. No.2326/2019 under Section 182, 211 IPC & 09/202 under Section 420, 467, 468 and 471 IPC.

Any other appropriate order or direction which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also kindly be passed in favour of the humble petitioner in the interest of justice.

Cost of the writ petition may also kindly be awarded in favour of the petitioner."

It is inter alia indicated that the petitioner made complaint against respondent No.4, which resulted in issuance of charge-sheet (Annex.2). After inquiry, by order dated 15.12.2020 (Annex.3) penalty of stoppage of 2 annual grade increments without cumulative effect was imposed on the respondent No.4. Submissions have been made that penalty imposed is not commensurate with the guilt of respondent No.4.

I have considered the submissions made by learned counsel for petitioner and have perused the material available on record.

The petitioner who was the complainant, has filed the present writ petition seeking enhancement of punishment imposed on respondent No.4. The petitioner apparently has no locus-standi with regard to the quantum of punishment imposed / to be imposed on the respondent No.4. Learned counsel for the petitioner has failed to point out any locus of the petitioner to question the validity of the order of punishment.

In view thereof, the petition is not maintainable. The same is, therefore, dismissed.