Hari Ram vs State Of Rajasthan
2021 Latest Caselaw 16321 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                          JODHPUR
           S.B. Civil Writ Petition No. 15245/2021

Hari Ram S/o Hanuman Ram, Aged About 49 Years, R/o Village
Davoli Mithi, Post Jakheda, Tehsil Degana, Nagaur.
                                                    ----Petitioner
                              Versus
1.     State Of Rajasthan, Through The Secretary, Department
       Of Home Affairs, Government Of Rajasthan, Jaipur.
2.     The Director General Of Police, Headquarter, Jaipur.
3.     The Inspector General Of Police, Ajmer Range, Ajmer.
4.     The Superintendent Of Police, Ajmer.
                                                ----Respondents



For Petitioner(s)           :     Mr.Sushil Solanki.
For Respondent(s)           :



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                       Order

27/10/2021
1.          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.

2.          This writ petition has been filed by the petitioner

aggrieved    against     the     order      dated       29.07.2019   (Annex.-2),

whereby the petitioner has been placed under suspension.

3.          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.

4.          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

                       (Downloaded on 28/10/2021 at 09:24:08 PM)
                                                                               (2 of 2)                      [CW-15245/2021]


                                   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.

                                   5.         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 representation made by the petitioner in light of the

                                   judgment in the case of Manvendra Singh (supra).

                                   6.         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.

                                   7.         The       petitioner        would     be    free        to   file    a    further

                                   representation       alongwith          requisite      documents               before      the

                                   disciplinary authority.


                                                                     (DR.PUSHPENDRA SINGH BHATI),J.

258-nirmala/Sphophaliya-

Powered by TCPDF (www.tcpdf.org)