Sunil Sharma vs The State Of Rajasthan
2022 Latest Caselaw 12370 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14769/2022

Sunil Sharma S/o Jagdish Prasad Sharma, Aged About 30 Years, R/o Jodhiyasar, Tehsil Nagor, District Nagor.

----Petitioner Versus

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

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

3. The Superintendent Of Police, S.p. Office, Udaipur (Rajasthan).

----Respondents

For Petitioner(s) : Ms. Deepika Soni.

For Respondent(s)         :



           HON'BLE MR. JUSTICE ARUN BHANSALI

                                    Order

17/10/2022

This writ petition has been filed by the petitioner aggrieved

against the order dated 04.01.2022 (Annex.-2), whereby the

petitioner has been placed under suspension.

The petitioner made a representation, inter alia, indicating

that already challan against the petitioner has been filed and

despite passage of sufficiently long time, 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 with reference to

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

(2 of 2) [CW-14769/2022]

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 respondent No.3-disciplinary authority, is directed to

decide the representation made by the petitioner in light of the

judgment in the case of Manvendra Singh (supra).

The needful may be done by the respondent No.3 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 further representation

alongwith requisite documents before the disciplinary authority.

(ARUN BHANSALI),J 92-sumer/-

Powered by TCPDF (www.tcpdf.org)