Nancha Ram Saini vs The State Of Rajasthan ...
2023 Latest Caselaw 10997 Raj

Rajasthan High Court - Jodhpur

Nancha Ram Saini vs The State Of Rajasthan ... on 19 December, 2023

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2023:RJ-JD:44478]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 19312/2023

Nancha Ram Saini S/o Shri Durga Prasad Saini, Aged About 37
Years, Resident Of Garh Ke Pass, Tehsil Neem Ka Thana, Guhala,
Sikar.
                                                                       ----Petitioner
                                       Versus
1.       The    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.
                                                                    ----Respondents


For Petitioner(s)            :     Ms. Ayushi Solanki for Mr. Sushil
                                   Solanki
For Respondent(s)            :     Mr. Manish Vyas, AAG



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

19/12/2023

This writ petition has been filed by the petitioner aggrieved

against the order dated 25.07.2022 (Annex.1), whereby the

petitioner has been placed under suspension.

It is, inter alia, indicating that challan against the petitioner

has been filed and despite passage of sufficiently long time, the

petitioner has not been reinstated into services, hence, the order

of suspension requires to be reviewed and the petitioner deserves

to be reinstated.

The petitioner with reference to judgment in Manvendra

Singh v. State of Raj. & Ors.: SBCWP No. 4276/2018, decided on

[2023:RJ-JD:44478] (2 of 2) [CW-19312/2023]

21.12.2018 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 of the appellate authority under Rule 22

of the Rules of 1958 and hereby 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 of filing of the charge-sheet, 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 & 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 disciplinary authority is directed to decide the

representation to be made by the petitioner in light of the

judgment in the case of Manvendra Singh (supra).

The needful may be done by the respondents within a period

of four weeks from the date a copy of this order is placed by the

petitioner.

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,

the averments made therein are found to be correct, the petitioner

would be entitled to the relief.

The stay petition also stands disposed of.

(KULDEEP MATHUR),J

38-Hanuman/-

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