Jitendra Kumar Sharma vs State Of Rajasthan
2021 Latest Caselaw 16814 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

S.B. Civil Writ Petition No. 15616/2021

Jitendra Kumar Sharma S/o Shri Mohan Lal Sharma, aged about 50 Years, Resident of 11/12, Monika Vihar, Mangiyawas Road,new Sanganer Road, Jaipur (Raj.).

----Petitioner Versus

1. State of Rajasthan through Government Deputy Secretary, Department of Personnel (K-3/shikayat), Government of Rajasthan, Secretariat, Jaipur.

2. The Assistant Government Secretary, Department of Personnel (K-3/Shikayat), Government of Rajasthan, Secretariat, Jaipur.

3. The Secretary, Public Health And Engineering Department (Phed), Government of Rajasthan, Jaipur.

4. The Additional Chief Secretary, Public Health and Engineering Department (PHED), Government of Rajasthan, Jaipur.

5. The Chief Engineer, Public Health and Engineering Department (PHED), Jodhpur.

----Respondents

For Petitioner(s) : Mr. Gaurav Bishnoi.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

11/11/2021

This writ petition has been filed by the petitioner aggrieved

against the order dated 27.11.2020 (Annex.-3), whereby the

petitioner has been placed under suspension.

It is, inter alia, indicating that already challan against the

petitioner has been filed and despite passage of sufficiently long

(2 of 2) [CW-15616/2021]

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.

4276/2018, decided on 21.12.2018 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 disciplinary authority is directed to decide the

representation to be made by the petitioner in light of the

judgment in the case of Manvendra Singh (supra).

The needful may be done by the respondents within a period

of four weeks from the date a copy of this order is placed by the

petitioner.

(ARUN BHANSALI),J 43-DJ/-

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