Illegal APO and 14-Year Service Dispute
I was appointed as Junior Engineer (JEN) in Urban Development & Housing (UDH), Rajasthan on 02.11.2010. After completing about 6 months of probation, I was issued an APO/relieving order dated 24.05.2011 by Secretary, UIT Kota. However, my appointing authority was UDH Jaipur and no delegation order empowering UIT Secretary to issue APO was ever shown. No reference of UDH approval was mentioned in the APO order. After APO, I reported at UDH Jaipur headquarters and marked attendance for few days in a temporary register. No fresh posting order was issued by UDH. No charge-sheet, no inquiry, no suspension and no termination order has been issued against me till date. From 2011 to 2022 no departmental action was taken. In 2022 department alleged voluntary absence without initiating disciplinary proceedings. I filed writ petition before Rajasthan High Court. Court directed department to decide my representation within time, but department failed to comply, so contempt petition is pending. Key Issues: 1. Whether UIT Secretary had authority to issue APO without UDH delegation? 2. Whether absence can be presumed without inquiry or abandonment order? 3. Whether 14-year delay vitiates disciplinary proceedings? 4. What are realistic chances of continuity of service and partial back wages? 5. Should I join if rejoining is offered or fight for compensation? I am looking for an experienced Rajasthan High Court service matter advocate.
Share on
×