Rajasthan High Court
State Of Rajasthan vs Mukesh Kumar Meena S/O Dayalram ... on 15 December, 2021
Bench: Akil Kureshi, Uma Shanker Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 894/2020
1. State Of Rajasthan, Through Its Additional Chief
Secretary (Department Of Home), Government Of
Rajasthan, Secretariat Jaipur (Rajasthan)
2. The Director General Of Police (Headquarter), Lalkothi,
Jaipur Rajasthan
3. The Superintendent Of Police Jhunjhunu, District
Jhunjhnu Rajasthan
----Appellants
Versus
Mukesh Kumar Meena S/o Dayalram Meena, Aged About 39
Years, R/o Village Neemla, Tehsil-Rajgarh, District Alwar
Rajasthan At Present Posted As Head Constable No.2586
(Suspended) Reserve Police Line Jhunjhunu Rajasthan
----Respondent
For Appellant(s) : Mr. Harshal Tholia on behalf of
Mr. Vibhuti Bhushan Sharma through
VC
For Respondent(s) :
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
15/12/2021
This appeal is filed by the State Government to challenge an
order dated 22.08.2019 passed by the learned single judge in writ
petition No.14266/2019.
The respondent-original petitioner was placed under
suspension. Since his suspension continued for a long time he
approached the High Court challenging his suspension order.
Learned single judge disposed of the writ petition by an ex-parte
order in following terms:-
(2 of 3) [SAW-894/2020]
"Counsel for the petitioner submits that the
controversy in question is with regard to prolong
suspension of the petitioner. Counsel for the
petitioner also submits that the petitioner would
be satisfied, if his suspension is re-visited by the
respondents while keeping in view the judgment in
the case of Manvendra Singh Vs. State of
Rajasthan & Ors, SBCWP No.4276/2018, decided
on 21.12.2018.
In the light of the limited submission, the
present writ petition is disposed of with a direction
to the respondents to reconsider the suspension
order of the petitioner while keeping into
consideration the precedent law in the case of
Manvendra Singh (Supra).
The respondents are further directed to pass
a speaking order strictly in accordance with law
within a period of 60 days from today."
As per this order thus the department was required to
consider the representation of the original petitioner in light of the
decision in the case of Manvendra Singh. Learned counsel for the
appellants pointed out that the decision of Manvendra Singh of the
single judge was challenged before the Division Bench and
Division Bench by a judgment dated 04.02.2020 in DBSAW
No.1111/2019 had partially reversed the order of the learned
single judge in following terms:-
"15. In the result, the appeal is partly
allowed. The order impugned passed by the
learned Single Judge to the extent of
revocation of suspension order is set aside.
The matter is remanded to the District
Superintendent of Police, District Sawai
Madhopur to consider the application of the
respondent for revocation of suspension
order afresh in accordance with law as
discussed above. The entire exercise for
disposal of the application seeking
revocation of suspension order shall be
concluded within a period of four weeks
from the date of receipt of certified copy of
this order. No order as to costs."
When the decision of the learned single judge in case of
Manvendra Singh came to be modified by the Division Bench, it is
(3 of 3) [SAW-894/2020]
this modification by the Division Bench which the department shall
have to take into consideration while deciding the writ petition of
the original petitioner. In view of these clarifications no further
directions are required to be issued.
Appeal is disposed of accordingly.
(UMA SHANKER VYAS),J (AKIL KURESHI),CJ
N.Gandhi/FR Bohra/45
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