Shiv Ram Sharma vs State Of Rajasthan
2022 Latest Caselaw 996 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 919/2022

Shiv Ram Sharma S/o Shri Mohan Lal Sharma, Aged About 34 Years, R/o 6-A Krishna Vihar Colony Vagru, Jaipur, Posted On The Post Of Patwari (Suspended) Gadbore District Rajsamand, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Its Secretary Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur (Rajasthan).

2. The District Collector, District Rajsamand (Raj.).

                                                                ----Respondents


For Petitioner(s)        :     Mr. Himanshu Sharma (through VC)
For Respondent(s)        :



              HON'BLE MR. JUSTICE ARUN BHANSALI

                                    Order

20/01/2022

This writ petition has been filed by the petitioner aggrieved

against the order of suspension dated 19.08.2020 (Annex.3).

It is submitted by learned counsel for the petitioner that the

petitioner has made various representations, inasmuch as, despite

the fact that almost 1½ years have been passed since the

petitioner has been placed under suspension, even the challan has

not been filed against the petitioner, for reinstatement, however,

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 made submissions with

reference to judgment in Manvendra Singh v. State of Raj. & Ors.:

(2 of 2) [CW-919/2022]

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.

The petitioner would be free to file a fresh detailed

representation, if so advised.

(ARUN BHANSALI),J 66-Rmathur/-

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