Jaipur (Rajasthan). vs The State Of Rajasthan, Through Principal Secretary To

Judgment

1. The State Of Rajasthan, Through Principal Secretary To Home, Department Of Home, Government Secretariat, Jaipur (Raj).

2. The Director General Of Police, Police Headquarter, Lal Kothi, Jaipur (Rajasthan)

3. The Director General (Intelligence), Police Headquarter, Lal Kothi, Jaipur (Rajasthan). ----Respondents For Petitioner(s)

: Mr. Sukhdev Singh Solanki For Respondent(s) : Mr. Vinod Kumar Gupta, Addl. GC JUSTICE ANOOP KUMAR DHAND Order 10/03/2025

1. The instant writ petition has been preferred by the petitioner seeking directions against the respondents to relieve him from the post of Sub-Inspector to join on the post of Tax Assistant without insisting him to refund the payment of training expenses and salary.

2. Learned counsel for the petitioner submits that the petitioner was appointed on the post of Sub-Inspector and during the course of the said employment, he participated in the process for selection for appointment on the post of Tax Assistant whereby he (2 of 5) [CW-3376/2025] was selected. Now he is suppose to join the new assignment after being relieving from the present department. Learned counsel submits that the respondent-department is not relieved the petitioner and insisting him to deposit the training expenses and the salary received by him during the intervening period. Learned counsel submits that the controversy involved in this writ petition has already been decided by this Court in the case of Rajesh Versus State of Rajasthan & Others while deciding S.B. Civil Writ Petition No.2987/2025, hence this writ petition be disposed of in terms of the same directions issued in the case of Rajesh (supra).

3. Per contra, learned counsel for the State-respondents opposed the arguments raised by learned counsel for the petitioner and submitted that the State has incurred huge amount of expenses in the training of the petitioner during his probation period, hence under these circumstances, the petitioner is required to deposit the training expenses. Learned counsel submits that in the case of Rajesh (supra), this Court has issued directions to the petitioner to deposit the amount of expenses incurred on his training.

4. Heard and considered the submissions made at Bar and perused the material available on record.

5. Since the issued involved in this petition has already been set at rest not only once but thrice on three different occasions in the case of Arun Choudhary and Ors. Vs. State and Ors. while deciding S.B. Civil Writ Petition No. 5255/2013 on 08.09.2020 and Vinod Kumar Meena Vs. State of Rajasthan and Ors. while deciding S.B. Civil Writ Petition No. 9304/2021 on 10.05.2023 and (3 of 5) [CW-3376/2025] finally in the case of Rajesh (supra) with the following observations and directions in Para 7 to 11, which reads as under:- “7. Now the question which remains for consideration before this Court is that whether the petitioner can be allowed to be relieved by the respondents without recovering the amount of expenses incurred on the training of the petitioner and whether the respondents can recover the salary paid to the petitioner during the intervening period.

8. The issue involved in this petition has already been set at rest by the Co-ordinate Bench of this Court in the cases of Arun Choudhary (Supra) and it has been observed and held as under:- “Having regard to the facts aforesaid especially the latest judgment of the coordinate bench rendered at Principal Seat in Bhanwar Lal vs. State of Rajasthan & Ors.,S.B. Civil Writ Petition No. 8934/2013 decided on 28.1.2014, the present petitions deserve to be disposed of with direction that if the petitioners have already deposited the amount of training expenses as per the circular of the Director General of Police dated 30.9.2008, the respondent Education ‐ Department shall release their salary. The fact about the deposit of the training expenses shall be verified by the concerned Superintendent of Police on the petitioners' approaching him along with copy of this order, who shall have the training expenses computed as per the aforesaid circular dated 30.9.2008. On NOC being issued by him, the Education Department shall release the salary of the petitioners. It is further directed that if any amount in excess is found to have been deposited by the petitioners or recovered from them under the head of training expenses, the same is liable to be refunded to the petitioners within two months. If the salary for the earlier period has been with held by the respondents, it shall be released within two months too.”

9. The view taken in the case of Arun Choudhary (Supra) has been again reiterated by this Court in the case of Vinod Kumar Meena (Supra) wherein the following order has been passed in Para 12 to 14 which reads as under:-

12. The respondents are directed to determine the amount of training expenses incurred upon the petitioner (4 of 5) [CW-3376/2025] during such course within a period of four weeks from today and intimate the petitioner.

13. On receipt of the determination of the amount made by the respondents, the petitioner shall be allowed three months’ time to deposit the same.

14. On deposition of the amount of training expenses by the petitioner, the respondent-Department shall issue a ‘No Objection Certificate’ to the petitioner.”

10. It is worthy to note here that several orders were passed by the Co-ordinate Benches of this Court in the light of the orders/directions issued in the case of Arun Choudhary (Supra) and Vinod Kumar Meena (Supra) and the aforesaid orders were assailed before the Division Bench of this Court in the case of State of Rajasthan and Ors. Vs. Vinod Kumar Meena and Anr. by way of filing D.B. Special Appeal Writ No. 61/2024 but the said appeal preferred by the State has been dismissed and the view taken by the Single Bench has been upheld.

11. Considering the above proposition of law as propounded in the above referred judgments, the instant writ petition stands disposed of with the following directions, terms and conditions:- (i) The respondents are directed to determine the amount of training expenses incurred upon the petitioner during course of his employment within a period of four weeks from today and intimate the petitioner about the same. (ii) The respondents are restrained to recover the salary drawn by the petitioner during the course of his employment with the respondent-Department. (iii) On receipt of the determination of the amount made by the respondents, the petitioner shall be allowed one month time to deposit the same. (iv) On deposition of the amount of training expenses by the petitioner, the respondent-Department shall issue a ‘No Objection Certificate’ to the petitioner. (v) For the time being, the petitioner be permitted to join the post of Computer forthwith, subject to the condition that he would deposit the training expenses as per the directions, terms and conditions issued by this Court within the time fixed. (vi) In case, the petitioner fails to deposit the above training charges within the above stipulated time, the respondents would be free to recall the petitioner to join the present parent department.” (5 of 5) [CW-3376/2025]

6. Considering the aforementioned proposition of law as propounded in the above referred judgments, the instant writ petition as well as stay application stand disposed of with the following directions, terms and conditions:- (i) The respondents are directed to determine the amount of training expenses incurred upon the petitioner during the course of his employment within a period of four weeks from today and intimate the petitioner about the same. (ii) The respondents are restrained to recover the salary drawn by the petitioner during the course of his employment with the respondent-Department. (iii) On receipt of the determination of amount made by the respondents, the petitioner shall be allowed one month time to deposit the same. (iv) On deposition of the amount of training expenses by the petitioner, the respondent-Department shall issue a ‘No Objection Certificate’ to the petitioner. (v) For the time being, the petitioner be permitted to join the post of Tax Assistant forthwith, subject to the condition that he would deposit the training expenses as per the directions, terms and conditions issued by this Court within the time fixed. (vi) In case, the petitioner fails to deposit the above training charges within the above stipulated time, the respondents would be free to recall the petitioner to join the parent department. Karan/12 (ANOOP KUMAR DHAND),J