Gulab Singh Rawat vs State Of Rajasthan
2022 Latest Caselaw 9672 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

S.B. Civil Writ Petition No. 1533/2022

Gulab Singh Rawat S/o Shri Budh Singh, Aged About 47 Years, R/o Chadhawato Ki Dhani, Gram Panchayat Pratapgarh, Panchayat Samiti Raipur, District Pali, (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur.

2. Deputy Secretary Cum Deputy Commissioner, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Jaipur.

----Respondents

For Petitioner(s) : Mr. Manoj Bhandari, Sr. Advocate assisted by Mr. Govind Suthar.

For Respondent(s) : Mr. Sunil Beniwal, AAG

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

25/07/2022

Heard learned counsel for the parties.

The present writ petition has been filed against the order

dated 20.01.2022 (Annex.3) whereby the petitioner has been

placed under suspension.

Learned Senior Counsel for the petitioner submits that before

placing the petitioner under suspension, there was no application

of mind and straightaway, the order impugned has been passed.

To buttress his contention, learned Senior Counsel appearing for

the petitioner has relied upon a judgment of Supreme Court

rendered in the case of Raviyashwant Bhoir V/s District Collector,

(2 of 2) [CW-1533/2022]

Raigad & Ors. reported in (2012) 4 Supreme Court Cases 407. He,

therefore, prays that the writ petition may be allowed and the

order of suspension may be quashed and set aside.

Per contra, learned counsel for the respondent State

vehemently submits that the order of suspension has been passed

after a criminal case was registered against the petitioner under

Prevention of Corruption Act and the proceeding undertaken

thereafter by the police in F.I.R.No.163/2021 registered by Anti

Corruption Bureau. He submits that perusal of the FIR clearly goes

to show involvement of the petitioner in the ACD Case wherein he

has specifically asked for bribe being a person in authority to

extend favour to the complainant on payment of certain amount,

therefore, learned State counsel prays that no indulgence is

warranted in the present writ petition and the same may be

dismissed.

I have considered the submissions made at the bar and

minutely gone through the relevant records including contents of

FIR No.163/2021 and other relevant record placed on record by

the respondents in the shape of note sheets, the same clearly

goes to show that the petitioner was involved in the ACD case and

therefore, the respondents have rightly placed the petitioner

under suspension after due application of mind, therefore, no

interference is warranted in the present writ petition.

Consequently, the same is hereby dismissed.

(VINIT KUMAR MATHUR),J 20-AnilSingh/-

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