Rajasthan High Court - Jodhpur
Amrit Lal Jeengar vs The State Of Rajasthan on 25 October, 2021
Bench: Pushpendra Singh Bhati
(1 of 2) [CW-14750/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14750/2021
Amrit Lal Jeengar S/o Shri Rooparam Jeengar, Aged About 47
Years, R/o Village Indra Colony Mandar, P.s. Mandar, District
Sirohi, Presently Residing At House No. B-50, Keshav Nagar, P.s.
Chopasani Housing Board, Jodhpur.
----Petitioner
Versus
1. The State Of Rajasthan, Through Principal Secretary To
The Government, Home Department, Secretariat, Jaipur.
2. Principal Secretary To The Government, Department Of
Personnel, Secretariat, Jaipur.
----Respondents
For Petitioner(s) : Mr. BS Sandhu
For Respondent(s) :
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
25/10/2021
In wake of second surge in the COVID-19 cases, abundant
caution is being maintained, while hearing the matters in Court,
for the safety of all concerned.
This writ petition has been filed by the petitioner aggrieved
against the order dated 26.08.2020 (Annex.3), whereby the
petitioner has been placed under suspension.
The petitioner made representation, inter alia, indicating that
already challan 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.
(Downloaded on 26/10/2021 at 09:28:52 PM)
(2 of 2) [CW-14750/2021]
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 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- 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 concerned respondent
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.
(DR.PUSHPENDRA SINGH BHATI),J.
91-Sudheer/-
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