Shiv Bhagwan Kukna vs The State Of Rajasthan ...
2023 Latest Caselaw 3573 Raj

[2023/RJJD/011972]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3925/2023

Shiv Bhagwan Kukna S/o Shri Suresh Kumar, Aged About 52 Years, V.p.o. Amarpura Jalu, Tehsil Sangaria, District Hanumangarh (Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Rural Development And Panchayati Raj, Secretariat, Govt. Of Rajasthan, Jaipur.

2. The Deputy Commissioner Cum Deputy Secretary-Ii, Rural Development And Panchayati Raj, Secretariat, Govt. Of Rajasthan, Jaipur.

3. The Chief Executive Officer, Zila Parishad Hanumangarh.

4. The Chief Executive Officer, Zila Parishad Sri Ganganagar.

                                                                    ----Respondents


For Petitioner(s)            :     Mr. Jitender Singh Bhaleria
For Respondent(s)            :

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

25/04/2023

This writ petition has been filed by the petitioner aggrieved

against the order dated 28.03.2022 (Annex.-P/2), whereby

the petitioner has been placed under suspension.

The petitioner made representation, inter alia, indicating that

challan has not been filed against the petitioner 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.

[2023/RJJD/011972] (2 of 3) [CW-3925/2023]

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 at Jaipur Bench submitted that

the Court in the said judgment has dealt with the powers of the

disciplinary 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 facts and 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.4 - disciplinary authority, is

directed to decide the representations 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.4 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.

The order has been passed based on the submissions made

in the petition, the respondents would be free to examine the

veracity of the submissions made in the petition and only in case,

[2023/RJJD/011972] (3 of 3) [CW-3925/2023]

the averments made therein are found to be correct, the

petitioners would be entitled to the relief.

(VINIT KUMAR MATHUR),J 50-DArora/-

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