Dalpat Singh Rajpurohit vs Rajasthan State Road ...
2022 Latest Caselaw 12244 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11253/2022

Dalpat Singh Rajpurohit S/o Shri Bhanwar Singh Rajpurohit, Aged About 61 Years, R/o Village And Post Pipar, Tehsil Pipar, District Jodhpur. Presently Conductor (Under Suspension), Rajasthan State Road Transport Corporation, Depot, Jaipur.

----Petitioner Versus

1. Rajasthan State Road Transportation Corporation, Through Its Chairman And Managing Director, Parivahan Marg, Jaipur.

2. The Chief Manager, Rajasthan State Road Transportation Corporation, Jaipur Depot, Jaipur.

----Respondents

For Petitioner(s) : Mr. Khet Singh Rajpurohit. For Respondent(s) : Mr. Sunil Purohit.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

12/10/2022

The petitioner is aggrieved of the prolong suspension. It is,

inter alia, indicated that on account of a private dispute dealing

with criminal case as the petitioner remained in police custody, he

was suspended by order dated 3.6.2016.

Despite, repeated representations when petitioner was not

reinstated, petitioner approached this Court by filing SBCWP No.

3072/2020 which came to be decided on 3.3.2020 requiring the

petitioner to make a representation and respondents to pass order

on the same.

Pursuant to the representation made by the petitioner, the

respondents have passed order dated 12.1.2022 (Annex.15),

(2 of 2) [CW-11253/2022]

wherein the respondents with reference to the circular dated

31.12.1996 have indicated that on account of the petitioner

remaining in police custody for more than 48 hours, he was

suspended. However, as to despite passage of over six years why

he is not being reinstated, not a word has been indicated.

Counsel for the petitioner has relied on order of this Court in

Manvendra Singh v. State of Raj. & Ors.: SBCW No. 4276/2018,

decided on 21.12.2018 with regard to prolong suspension.

A perusal of the order dated 12.1.2022 (Annex.15) indicates

that respondents have not dealt with the issue for which the Court

has directed by its order dated 3.3.2020 i.e. the claim of the

petitioner to get reinstated.

In that view of the matter, the respondent No. 2 is directed

to pass a fresh order keeping in view the observations made

hereinbefore as well as judgment of this Court in the case of

Manvendra Singh (supra). A copy of the order in the case of

Manvendra Singh shall be supplied by learned counsel for the

petitioner alongwith copy of this order to respondent No. 2.

Needful may be done within a period of four weeks.

List the petition on 16.11.2022.

(ARUN BHANSALI),J 19-sumer/-

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