Sohan Lal vs State Of Rajasthan
2021 Latest Caselaw 5832 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1912/2021

Sohan Lal S/o Late Sh. Birbal Ram, Aged About 50 Years, R/o Village - Kikarwali, Tehsil - Raisinghnagar, District - Sri Ganganagar (Raj.).

----Petitioner Versus

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

2. The Director General Of Police, Rajasthan Lalkothi, Jaipur (Raj.).

3. The Superintendent Of Police, Sri Ganganagar (Raj.).

----Respondents

For Petitioner(s) : Ms. Madhu Khatri.

Mr. Surendra Thanvi.

For Respondent(s)             :



               HON'BLE MR. JUSTICE ARUN BHANSALI

                                        Order

01/03/2021

This writ petition has been filed by the petitioner aggrieved

against the order dated 04.11.2019 (Annex.-4), whereby the

petitioner has been placed under suspension.

The petitioner made representation, inter alia, indicating that

already Final Report/Charge-sheet 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.

(2 of 2) [CW-1912/2021]

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 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 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.

(ARUN BHANSALI),J

41-PKS/-

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