HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 16228/2022 Malji Ganava S/o Ful Ji Ganava, aged about 43 Years, R/o Village Singado Ki Gadli, Gram Panchayat Ghata, Tehsil Kushalgarh, District Bnaswara, Rajasthan 327801.
----Petitioner Versus
1. State of Rajasthan through Principal Secretary and Commissioner, Department of Rural Development and Panchayati Raj, Government of Rajasthan, Secretariat, Jaipur, Rajasthan.
2. Chief Executing Officer, Zila Parishad Banswara, Rajasthan.
----Respondents For Petitioner(s) : Mr. Ankur Mathur.
HON'BLE MR. JUSTICE ARUN BHANSALI Order 05/12/2022 This writ petition has been filed by the petitioner aggrieved against the order dated 25.08.2021 (Annex.-4), whereby the petitioner has been placed under suspension.
It is, inter alia, indicating that already challan against the petitioner has been filed and despite passage of sufficiently long time, the petitioner has not been reinstated and, therefore, the order of suspension requires review and the petitioner deserves to be reinstated.
Learned counsel for the petitioner with reference to judgment in Manvendra Singh v. State of Raj. & Ors.: SBCW No. 4276/2018, decided on 21.12.2018 submitted that the Court in (Downloaded on 06/12/2022 at 12:02:37 AM) (2 of 2) [CW-16228/2022] the said judgment has dealt with the powers of the disciplinary authority under Rule 13 (5) of the Rules of 1958 and appellate authority under Rule 22 of the Rules of 1958 and has held that the various circulars issued by the State Government laying down limitation to examine the revocation of suspension order after a period of three years from the date of suspension/after a period of one year from the date, the charge-sheet has been filed, was not justified and it was open for the authorities to examine the case for revocation of suspension even prior to the said periods fixed in the circular.
In the over all fact circumstances of the case as projected as well as the law laid down by this Court in the case of Manvendra Singh (supra), the writ petition filed by the petitioner is disposed of, the disciplinary authority is directed to decide the representation to be made by the petitioner in light of the judgment in the case of Manvendra Singh (supra).
The needful may be done by the respondents within a period of four weeks from the date a copy of this order is placed by the petitioner.
(ARUN BHANSALI),J 118-DJ/-
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