Kailash Chandra Ojha vs State Of Rajasthan
2021 Latest Caselaw 5301 Raj

(1 of 2) [CW-3224/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3224/2021

Kailash Chandra Ojha S/o Late Shri Shivkishan Ojha, Aged About 53 Years, R/o Bagri Mohalla , Bikaner (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Its Secretary , Department Of Education , Government Secretariat , Jaipur , Rajasthan .

2. The Director, Department Of Secondary Education , Rajasthan , Bikaner

3. The Chief District Education Officer, Bikaner .

4. Shri Ashok Sangwa, Presently Posted As Additional Director (Ras) , Department Of Elementary Education , Rajasthan , Bikaner .

5. Shri Vineet Saharan, Presently Posted As Account Officer , Department Of Elementary Education , Rajasthan , Bikaner

----Respondents

For Petitioner(s) : Mr. RS Chouhan For Respondent(s) :

JUSTICE DINESH MEHTA

Judgment

24/02/2021

1. The petitioner has challenged the order dated 8.2.2021

whereby he has been placed under suspension.

2. Learned counsel for the petitioner asserts that the petitioner

has been placed under suspension and inquiry has been initiated

against him without providing any opportunity of hearing to him.

3. In considered opinion of this Court Rule 13 of the Rajasthan

Civil Services (Classification, Control and Appeal) Rules, 1958

(2 of 2) [CW-3224/2021]

does not contemplate grant of opportunity of hearing to the

petitioner before any inquiry is instituted and/or an incumbent is

placed under suspension.

4. The mandate of Rule 13 is, that a government employee can

be placed under suspension under contemplation of inquiry. In the

present case, enquiry has already been initiated vide

memorandum of charges dated 8.2.2021.

5. This Court does not find any illegality or error in the order of

suspension dated 8.2.2021 or disciplinary inquiry initiated by

memorandum of charges of even date.

6. The writ petition is, therefore, dismissed.

7. The stay application also stands disposed of accordingly.

(DINESH MEHTA),J

62-CPGoyal/-

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