HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 17224/2022 Shravan Goyal S/o Shri Ashu Lal Goyal, Aged About 37 Years, Resident Of Village Lachhri, Post Hadetar, Tehsil Sanchore, District Jalore And Presently Working On The Post Of Lower Division Clerk (Under Suspension), Panchayat Samiti Raniwara, District Jalore.
----Petitioner Versus
1. The State Of Rajasthan, Through The Secretary, Department Of Panchayati Raj And Rural Development, Secretariat, Jaipur (Raj.).
2. Chief Executive Officer, Zila Parishad Jalore (Raj.).
3. Development Officer, Panchayat Samiti Sanchore, District Jalore (Raj.).
----Respondents
For Petitioner(s) : Mr. Himmat Jagga
For Respondent(s) :
JUSTICE DINESH MEHTA
Order
03/01/2023
This writ petition has been filed by the petitioner aggrieved against the order dated 01.04.2022 (Annex.-4), whereby the petitioner has been placed under suspension.
The petitioner made representation, inter alia, indicating that challan has not been filed against the petitioner 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. (Downloaded on 03/01/2023 at 08:47:09 PM)
(2 of 2) [CW-17224/2022]
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 at Jaipur Bench submitted that the Court in 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 facts and 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 respondent No.3 - disciplinary authority, is directed to decide the representations made by the petitioner in light of the judgment in the case of Manvendra Singh (supra).
The needful may be done by the respondent No.3 within a period of four weeks from the date a copy of this order is placed by the petitioner.
The petitioner would be free to file a further representation alongwith requisite documents before the disciplinary authority.
(DINESH MEHTA),J 45-AK Chouhan/-
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