Parvat Singh vs State Of Rajasthan
2022 Latest Caselaw 13216 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15969/2021

Parvat Singh S/o Sh. Pratap Singh, Aged About 43 Years, Village Tonkwasa, Tehsil Aspur, District Dungarpur.

----Petitioner Versus

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

2. The Inspector General Of Police, Udaipur Range, Udaipur.

3. The Superintendent Of Police, Banswara.

----Respondents

For Petitioner(s) : Dr. H.K. Purohit. For Respondent(s) : Mr. Manish Vyas, AAG.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

09/11/2022

The matter comes upon an application seeking early hearing

of the petition, the same is allowed.

The matter is taken up for orders.

This petition has been filed by the petitioner aggrieved

against the order dated 26.05.2021, whereby, the representation

made by the petitioner, against his continued suspension, has

been rejected.

Submissions have been made that petitioner was suspended

by order dated 02.01.2020 and when he was not reinstated back

in service, he approached this Court by filing SBCWP

No.1237/2021, which came to be decided by order dated

(2 of 2) [CW-15969/2021]

25.01.2021, wherein, this Court required the petitioner to make a

representation to the appointing authority.

The petitioner made the representation, however, the same

has been rejected by order dated 26.05.2021.

Notices have ordered to be issued in the present petition,

whereafter, a reply to the petition has been filed.

Learned counsel for the petitioner made submissions that

almost three years have passed since the petitioner was placed

under suspension and even as per the respondent's own circular,

the aspect of suspension needs to be reviewed by them and that

in view of various judgments passed by this Court as well as

Hon'ble Supreme Court, one such being Ajay Kumar Choudhary

Vs. Union of India & Ors.: 2015 (7) SCC 291, the continued

suspension is not justified.

The respondents may be directed to decide the

representation to be made by the petitioner in the changed

circumstances i.e. passage of almost three years from the date

the petitioner was placed under suspension expeditiously.

The prayer made is not opposed by counsel for the

respondent.

In view of the submissions made, the petition filed by the

petitioner is disposed of. The respondent - Competent Authority is

directed to decide the representation to be made by the petitioner

expeditiously, preferably within a period of two weeks from the

date the representation is made by the petitioner, keeping in view

the observations made hereinbefore.

(ARUN BHANSALI),J 162-pradeep/-

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