Mahmood Khan vs The State Of Rajasthan
2021 Latest Caselaw 13035 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7378/2020

Mahmood Khan S/o Shri Hameed Khan, Aged About 56 Years, R/o Village Noorpura, Tehsil Didwana, District Nagaur, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan, Through The Principal Secretary, Department Of Home, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.

2. The Director General Of Police, Rajasthan, Lalkothi, Jaipur, Rajasthan.

3. The Superintendent Of Police, Bikaner, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Lakshya Singh for Mr. Kuldeep Mathur For Respondent(s) : Ms. Vandana Bhansali

JUSTICE DINESH MEHTA

Order

24/08/2021

This writ petition has been filed by the petitioner aggrieved

against the order dated 04.09.2019 (Annex.-1), 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.

Learned counsel for the petitioner with reference to

judgment in Manvendra Singh v. State of Raj. & Ors.: SBCW

(2 of 2) [CW-7378/2020]

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.2 - 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.2 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 181-Ramesh/-

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