Rajasthan HC Stays JDA Officer's Charge-Sheets Issued While Underlying Disputes Remain Sub Judice
Justice Anuroop Singhi stayed two charge-sheets against a JDA-posted officer, finding the issuing authority may have lacked jurisdiction and the subject matter remains pending before the court.
The High Court of Judicature for Rajasthan, Bench at Jaipur, has stayed the operation of two charge-sheets issued on 30 July 2026 against Narendra Kumar Arya, a senior officer posted at the Jaipur Development Authority. Justice Anuroop Singhi, sitting singly, passed the interim order on 11 August 2026 after hearing the writ petition filed by Arya, who challenged the charge-sheets on grounds of jurisdictional incompetence of the issuing authority and the fact that the controversies underlying both charge-sheets are already the subject of pending proceedings before this court. The court issued notice to the respondents, returnable within four weeks.
The Charge-Sheets and the Disputes They Stem From
Narendra Kumar Arya, aged about 58 years and resident of Jaipur, filed S.B. Civil Writ Petition No. 15533/2026 challenging two charge-sheets — Annexure-20 and Annexure-21 — both dated 30 July 2026 and issued by the Principal Secretary, Department of Law and Legal Affairs, Government of Rajasthan.
The first charge-sheet, Annexure-20, relates to proceedings initiated by Arya against one Mr. Gaurav Kumar Gupta, which culminated in the termination of Gupta's services by order dated 18 May 2026. That termination order was passed with the final approval of the Commissioner, JDA. Gupta has challenged his termination by filing S.B. Civil Writ Petition No. 11586/2026, titled Gaurav Kumar Gupta v. Jaipur Development Authority & Ors., which remains sub judice before this court.
The second charge-sheet, Annexure-21, concerns alleged non-compliance with an order dated 25 March 2026 passed by a Co-ordinate Bench of this court in S.B. Civil Writ Petition No. 18266/2025 and connected matters. JDA itself challenged that order by filing D.B. Special Appeal Writ No. 832/2026 on 19 May 2026. By an interim order dated 5 August 2026 in that appeal, the effect and operation of the 25 March 2026 order has been stayed — meaning the very basis of the second charge-sheet is presently under a stay granted by a Division Bench of this court.
Jurisdictional Challenge: Authority over an Officer Not in Its Cadre
Counsel for Arya, Mr. Sunil Samdaria appearing with Mr. Arihant Samdaria, pressed a distinct jurisdictional argument. Arya is posted at the Jaipur Development Authority and is not under the direct administrative control of the Department of Law and Legal Affairs. The charge-sheets have nonetheless been issued by the Principal Secretary of that Department. Counsel argued that the issuing authority had neither jurisdiction nor competence to issue charge-sheets against an officer who is under JDA's administrative fold.
In respect of the first charge-sheet specifically, counsel submitted that the termination order against Gupta was made with the Commissioner JDA's final approval, making the issuance of a charge-sheet against Arya over the same action an unexpected and unsupported exercise of authority.
Protection Under Section 78 of the Jaipur Development Authority Act, 1982
Counsel also placed the court's attention on Section 78 of the Jaipur Development Authority Act, 1982. That provision affords immunity to an authority in respect of anything done lawfully and in good faith with due care and attention. The argument is that Arya's actions in the proceedings against Gupta fell within this protective ambit, further undermining the basis for the charge-sheets.
Court's Reasoning for Interim Stay
Justice Singhi took note of the cumulative position: both charge-sheets arise from matters that are admittedly pending before this court, the Division Bench has separately stayed the 25 March 2026 order that underlies the second charge-sheet, and there is a prima facie jurisdictional objection to the Principal Secretary, Department of Law and Legal Affairs, issuing charge-sheets against an officer posted at and under the administrative control of JDA.
Given this confluence, the court granted an interim stay of the effect and operation of both charge-sheets, pending further orders.
Order
By its order dated 11 August 2026, the court issued notice to the three respondents — the State of Rajasthan through the Principal Secretary, Law and Legal Affairs Department; the Joint Secretary, Department of Law and Legal Affairs; and the Jaipur Development Authority through its Commissioner — returnable within four weeks, by both ordinary and registered post. Notice was also directed to be given dasti to the petitioner's counsel. The effect and operation of both impugned charge-sheets dated 30 July 2026 (Annexure-20 and Annexure-21) shall remain stayed until further orders of the court.