Om Prakash vs The Govt. Of Rajasthan
2022 Latest Caselaw 14706 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 18770/2022

Om Prakash S/o Ram Lal, Aged About 57 Years, R/o Kala Bhata Kaldwas, Tehsil Girwa, District Udaipur.

----Petitioner Versus

1. The Govt. Of Rajasthan, Deputy General Manager, Ganganagar Sugar Mills Ltd., Headquarter, Jaipur.

2. Senior Secretary, General Manager, Headquarter, Jaipur.

3. In Charge Excise Department, Udaipur.

                                                                     ----Respondents


For Petitioner(s)             :     Ms. Deepika Soni



                       JUSTICE DINESH MEHTA

                                        Order

14/12/2022

1. This writ petition has been filed by the petitioner aggrieved

against the order dated 30.08.2022 (Annex.2), whereby the

petitioner has been placed under suspension.

2. 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.

3. 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

(2 of 2) [CW-18770/2022]

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.

4. 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).

5. The needful may be done by the respondent - Disciplinary

Authority within a period of four weeks from the date a copy of

this order is placed by the petitioner.

6. The petitioner would be free to file a further representation

alongwith requisite documents before the disciplinary authority.

7. Stay application too stands disposed of accordingly.

(DINESH MEHTA),J 222-A.Arora/-

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