Rajasthan High Court - Jodhpur
State Of Rajasthan vs Rais Mohammad on 30 September, 2022
Bench: Sandeep Mehta, Kuldeep Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 784/2022
1. State Of Rajasthan, Through The Secretary, Department
Of Home Affairs, Government Of Rajasthan, Jaipur.
2. The Director General Of Police, Headquarter, Jaipur.
3. The Inspector General Of Police, Udaipur Range, Udaipur.
4. The Superintendent Of Police, Chittorgarh.
----Appellants
Versus
Rais Mohammad S/o Amir Baksh Shaikh, Aged About 56 Years,
Makan No. 619, Ward No 13, Tehsil Jawad, Athana Neemuch,
Madhpa Pradesh.
----Respondent
For Appellant(s) : Mr. Manish Vyas, AAG
For Respondent(s) : ---
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
30/09/2022
This intra court appeal has been filed by the appellants-
respondents against the order of the learned Single Bench dated
02.12.2021, whereby the appellants-respondents were directed to
decide the representation made by the petitioner in the light of
the judgment rendered in the case of Manvendra Singh Vs.
State of Rajasthan & Ors. (S.B.C.W. No.4276/2018) decided
on 21.12.2018.
Shri Manish Vyas, AAG apprised the Court that the order
passed by the learned Single Bench in the case of Manvendra
Singh (supra) had been modified in appeal by the Division Bench
of this Court in State of Rajasthan & Ors. Vs. Manvendra
(2 of 3) [SAW-784/2022]
Singh (D.B. S.A.W. No.1111/2019) decided on 04.02.2020
at Jaipur, Bench. The relevant part of the judgment reads as
under:-
"10. From bare perusal of the Rule 13 (5) of
the Rules of 1958, it is manifestly clear that the
power of the authority concerned to revoke the
suspension order exercising his discretion is not
inhibited by any conditions and the suspension order
is permissible to be revoked at any time and thus,
the circular issued by the State Government
providing for consideration of matter of revocation of
suspension order only after expiry of the stipulated
time since suspension or after filing of the charge
sheet cannot been forced so as to curtail the power
of the competent authority to revoke the suspension
order at any time for justifiable reasons. In this view
of the matter, in our considered opinion, the learned
Single Judge was absolutely justified in holding that
executive instructions issued by the State
Government by way of circulars putting fetters on an
independent power of the competent authority under
Rule 13 (5) and curtailing the power of appellate
authority under Rule 22 of the Rules of 1958,
deserves to be ignored. We are in agreement with
the learned Single Judge that while exercising the
power under Rule 13(5), the authority empowered
was required to consider the facts and circumstances
of the case, the nature of the offence alleged etc. to
arrive at the conclusion as to whether the
suspension deserves to be continued or the same
deserves to be revoked.
11.A bare perusal of the order dated 11.11.17
reveals that the representation made by the
respondent has been declined to be considered by
the Superintendent of Police solely relying upon the
circular dated 12.1.11 issued by the State
Government. We are of the opinion that if the
authority concerned has declined to exercise the
power conferred under Rule 13 (5) of the Rules of
1958 influenced by the circular issued by the
Government which in no manner could be construed
to have curtailed the discretion vested in the
authority to revoke the suspension order at any
time, the matter was required to be remanded to the
authority concerned for consideration afresh and the
suspension order should not have been straightaway
revoked by the learned Single Judge."
(3 of 3) [SAW-784/2022]
In view of the above submission, it is directed that
representation of the respondent-writ petitioner shall be
considered and decided in the light of the judgment dated
04.02.2020 passed by this Court at Jaipur Bench in State of
Rajasthan & Ors. Vs. Manvendra Singh (D.B. S.A.W.
No.1111/2019), the appeal is disposed of in the above terms.
No order as to costs.
(KULDEEP MATHUR),J (SANDEEP MEHTA),J
6-KshamaD/-
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