Use of incorrect phrase by itself does not vitiate an order

Rajasthan High Court: A Single Judge Bench comprising of Arun Bhansali, J., dismissed a writ petition filed challenging the order of suspension passed against the petitioner.

The petitioner was aggrieved by the order of Deputy Director, Secondary Education, Bikaner, whereby the petitioner was placed under suspension and his headquarter was fixed at Senior Secondary School, Gadiyala, Bikaner. The petitioner assailed the said order stating it to be against Rule 13 of Rajasthan Civil Services (Classification, Control, and Appeal) Rules 1958, wherein a suspension can only take place in contemplation of an inquiry or pending inquiry; however, no inquiry was pending against the petitioner as was indicated by the impugned order.

The High Court considered the submission made by the respondent Deputy Director that the order was passed contemplating enquiry against the petitioner. A preliminary inquiry had already started and the prima facie finding was that the petitioner had hit the Principal. The Court perused the impugned order and observed that the language used in the order though gives an impression that inquiry was pending against the petitioner, however, the respondents had clarified the real intention was to suspend the petitioner contemplating inquiry. The Court opined that the use of incorrect phrase in the order does not by itself vitiates it. In such facts and situation, the Court held that no interference was called for in the impugned order. Thus, the petition was dismissed. [Vijay Kumar Sharma v.  State of Rajasthan, 2018 SCC OnLine Raj 1335, dated 01-06-2018]

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