Bhagirath Ram vs State Of Rajasthan
2022 Latest Caselaw 10542 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11402/2022

Bhagirath Ram S/o Shri Jora Ram, Aged About 44 Years, Resident Of Kalirana Nagar, Bhojasar, Tehsil Phalodi, District Jodhpur. Head Constable (Under Suspension), Police Line, Jodhpur Rural.

----Petitioner Versus

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

2. The Director General Of Police, Headquarter Rajasthan, Jaipur.

3. Inspector General Of Police, Jodhpur Range, Jodhpur.

4. Superintendent Of Police, Jodhpur Rural, Jodhpur.

----Respondents

For Petitioner(s) : Mr. R.S. Choudhary.

Mr. S.S. Gaur.

For Respondent(s)          :



           HON'BLE MR. JUSTICE ARUN BHANSALI

                                     Order

16/08/2022

This writ petition has been filed by the petitioner aggrieved

against the order dated 16.07.2020 (Annex.-2), whereby the

petitioner has been placed under suspension.

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

(2 of 2) [CW-11402/2022]

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 petitioner may make a representation with the

respondent-disciplinary authority and the respondent -

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).

Needful may be done by the respondent within a period of

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

petitioner alongwith representation.

(ARUN BHANSALI),J 86-pradeep/-

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