The Rajasthan High Court, in a significant ruling, addressed the procedural and legal aspects of placing government employees under 'Awaiting Posting Orders' (APO) as per Rule 25-A of the Rajasthan Service Rules, 1951. This decision emerged from a series of petitions filed by civil servants who were assigned APO status without clear justification or communication, raising concerns about administrative arbitrariness and potential misuse of authority.
Justice Arun Monga, presiding over the bench, emphasized that APOs should not be employed as punitive measures or tools for administrative convenience. Instead, they must be grounded in genuine administrative necessity or public interest. The court mandated that any decision to place an employee under APO must be accompanied by a written explanation detailing the reasons for such action. This requirement ensures transparency and allows the affected employee to understand and, if necessary, contest the decision.
The court further clarified that the circumstances under which APOs can be issued are primarily outlined in Rule 25-A, which includes scenarios such as an employee's return from leave, completion of training, or reversion from deputation. While these instances are illustrative, any additional conditions invoked must align with similar administrative necessities. Importantly, the court stressed that APOs should not be used to circumvent the provisions of Rule 13 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958, which governs suspensions.
To prevent prolonged periods under APO without resolution, the court stipulated that such orders should not exceed 30 days unless extended with valid justification and approval from the Finance Department. This measure aims to prevent the misuse of APOs as de facto suspensions or as a means to delay disciplinary proceedings without due process.
The court's decision also highlighted the importance of administrative accountability. It directed that reasons for APO orders must be communicated to the concerned employees, ensuring they are informed and can seek redress if necessary. Additionally, the court emphasized the need for timely issuance of future posting orders to avoid unnecessary financial burdens on the government and to maintain administrative efficiency.
This ruling serves as a critical reminder of the principles of natural justice and the necessity for transparent administrative procedures. By setting clear guidelines and limitations on the use of APOs, the Rajasthan High Court aims to protect the rights of government employees and uphold the integrity of public administration.
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