Citation : 2022 Latest Caselaw 6930 Raj/2
Judgement Date : 1 November, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 717/2022
1. State Of Rajasthan, Through Its Additional Chief
Secretary (Department Of Home), Government Of
Rajasthan, Secretariat, Jaipur (Rajasthan)
2. The Director General Of Police (Headquarter), Lal Kothi,
Jaipur, Rajasthan.
3. The Superintendent Of Police, Jhunjhunu, District
Jhunjhunu, Rajasthan.
----Appellants
Versus
Suresh Chand S/o Guganram, Aged About 52 Years, R/o Village
Angasar, Tehsil And District Jhunjhunu Rajasthan, At Present
Posted As Constable (Suspended) Reserve Police Line,
Jhunjhunu, Rajasthan.
----Respondent
For Appellant(s) : Mr. Rajesh Maharshi, AAG with Ms. Shretima Bagri
HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
01/11/2022
1. The appeal is within time and as such the application
(No.115/2022) for condonation of delay is meaningless and stands
disposed of.
2. Heard Mr. Rajesh Maharshi, learned Additional Advocate
General for the appellants.
3. The appellant-State of Rajasthan has preferred this appeal
against the judgment and order dated 03.12.2021 passed by the
learned Single Judge.
(2 of 2) [SAW-717/2022]
4. In a writ petition before learned Single Judge, the challenge
was to the order dated 01.01.2020, whereby the petitioner-
respondent, who is a head constable, was placed under
suspension.
5. The Writ Court instead of interfering with the suspension
order, disposed of the writ petition with direction to the
respondent-State authorities to review the order dated
01.01.2020 and to pass a reasoned order in accordance with law
within a period of four weeks from the date of submission of the
copy of the order.
6. Since the order of suspension dated 01.01.2020 has not
been disturbed by the Court and simply a direction for
reconsideration/review of the same has been passed with liberty
to the respondent-State authorities to pass a fresh order, we do
not feel that any illegality has been committed which may cause
any prejudice to the appellants.
7. In view of the aforesaid facts and circumstances, we do not
find any substance for interference in this appeal and the same is
dismissed.
(ANOOP KUMAR DHAND),J (PANKAJ MITHAL),CJ
KAMLESH KUMAR/RAJAT/7
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