Court Invalidates Awaiting Posting Order Against Dr. Tejpal Katewa, Citing Misuse of Administrative Power
In a significant ruling, the Rajasthan High Court at Jaipur Bench, presided over by Justice Mr. Anand Sharma, has quashed the Awaiting Posting Order (APO) issued against Dr. Tejpal Katewa, formerly the Block Chief Medical Officer, Chirawa, Jhunjhunu. The court ruled that the APO was issued in violation of statutory procedures, effectively bypassing necessary disciplinary protocols.
Dr. Katewa had been placed under APO on October 29, 2025, amidst allegations of misconduct, with the order compelling him to report to the Directorate of Public Health in Jaipur. The petitioner challenged the APO, arguing that it was a misuse of Rule 25A of the Rajasthan Service Rules, 1951, which should not be used as an alternative to formal disciplinary proceedings under the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958.
In the judgment delivered on March 24, 2026, the High Court highlighted that Rule 25A is intended solely for handling pay and allowances during posting transitions and cannot substitute for disciplinary action. It condemned the APO order as an arbitrary exercise of administrative power, lacking legal justification and falling foul of procedural safeguards.
Justice Sharma underscored the doctrine of malice in law, indicating that the APO was not issued for legitimate administrative exigency but rather as a punitive measure based on alleged misconduct. The court noted that the continued APO status beyond the prescribed 30-day period without proper cause further evidenced the misuse of administrative power.
The court's decision emphasized the importance of adhering to statutory procedures, asserting that allegations of misconduct must be addressed through proper disciplinary channels as per the CCA Rules, 1958. The High Court directed the state authorities to immediately assign Dr. Katewa to an appropriate post, while also clarifying that the ruling does not preclude the initiation of lawful disciplinary proceedings if warranted.
Bottom Line:
Rule 25A of the Rajasthan Service Rules, 1951 cannot be used as a substitute for disciplinary proceedings under the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958. Placement under Awaiting Posting Orders (APO) based on allegations of misconduct constitutes a misuse of administrative power and is legally unsustainable.
Statutory provision(s):
Rule 25A of the Rajasthan Service Rules, 1951, Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958
Dr. Tejpal Katewa v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2878738
