Heera Chand Son Of Late Shri Ganesh ... vs The State Of Rajasthan ...
2023 Latest Caselaw 1332 Raj/2

[2023/RJJP/001158]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                   S.B. Civil Writ Petition No. 1998/2023

Heera Chand Son Of Late Shri Ganesh Lal, Aged About 49 Years,
Resident Of C-4, Green Park, Chhabra, Tehsil Chhabra, District
Baran (Raj.)
                                                                      ----Petitioner
                                      Versus
1.       The State Of Rajasthan, Through Principal Secretary,
         Department Of Home, Government Of Rajasthan, Govt.
         Secretariat, Jaipur.
2.       The    Secretary,       Department           Of    Personal,    Govt.   Of
         Rajasthan, Govt. Secretariat, Jaipur.
3.       Director General Of Police, Rajasthan Jaipur, Lalkothi,
         Jaipur.
4.       Inspector General Of Police, Kota Range, Kota.
5.       Superintendent Of Police, Baran, District Baran (Raj.)
                                                                   ----Respondents

For Petitioner(s)            :    Mr. G.S. Gouttam
For Respondent(s)            :



             HON'BLE MR. JUSTICE SUDESH BANSAL

                                       Order

01/02/2023

1. Suspension order of petitioner dated 10.12.2020, has been

challenged by the petitioner by way of instant writ petition filed on

25.01.2023 on the ground that suspension is liable to be

revoked/reviewed in the light of judgment of Hon'b.le Supreme

Court in case of Ajay Kumar Choudhary Vs. Union of India

[2015 (7) SCC 291].

2. Counsel for petitioner does not dispute that Division Bench

in case of Jahangir Ali Khan Vs. State of Rajasthan & Ors. in

[2023/RJJP/001158] (2 of 2) [CW-1998/2023]

D.B. Special Appeal (Writ) No.662/2022 decided on

25.05.2022, the petitioner has remedy to challenge the

suspension order before the Tribunal. In case of Jahangir Ali Khan

(supra), the Division Bench while giving an interpretation to

Section 2 (f) (v) of the Rajasthan Civil Services (Service Matters

Appellate Tribunals) Act, 1976 (hereinafter referred to as "the Act

of 1976") has observed as under:-

"Clause (v) of sub-section (f) of Section 2 of the Act of 1976 is very wide. It reads that an order denying or varying pay, allowances, pension and other service conditions to the disadvantage of a Government Servant, other-wise than as a penalty would be covered under the expression "Service matter". The expression "any other service conditions to the disadvantage of a Government Servant" would obviously include the dispute arising on account of an action of suspending an employee under the service Rules. Given the wide definition under sub-section (f) as aforesaid, we have no reason to hold that it excludes suspension issue. Therefore, the contention of Ld. Additional Advocate General with regard to jurisdiction on this aspect cannot be accepted and therefore rejected."

3. In view of aforesaid, this Court is not inclined to entertain

the writ petition on merits as the petitioner has an alternative

remedy to approach before the Tribunal. The writ petition stands

disposed of accordingly.

4. Stay application and any other pending application, if any

stand disposed of.

(SUDESH BANSAL),J

TN/37

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