Hema Agarwal vs State Of Rajasthan ...
2023 Latest Caselaw 1935 Raj

[2023/RJJD/005982]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                  S.B. Civil Writ Petition No. 2687/2023

Hema Agarwal W/o Praveen Kumar Gupta, Aged About 52 Years,
R/o Kamdaro Ka Mohalla, Near Gopal Ji Mandir, Kuchaman City,
Nawacity, District Nagaur.
                                                                                ----Petitioner
                                           Versus
1.       State Of Rajasthan, Through The Secretary, Department
         Of Women And Child Development, Government Of
         Rajasthan, Secretariat, Jaipur.
2.       The Director, Integrated Child Development Services,
         Department Of Women And Child Development, Jaipur,
         Rajasthan.
                                                                          ----Respondents


For Petitioner(s)                 :    Mr. Rahul Gupta (petitioner's son - in
                                       person)



      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                            Order

23/02/2023

      No assistance of lawyers is available today.

      The petitioner's son, present in person, has drawn the

attention    of      this      Court      towards         order         dated     03.01.2023

(Annexure-3) passed by respondent No.2, placing the petitioner

under suspension.

      He has further shown the order dated 03.02.2023 passed by

a coordinate Bench of this Hon'ble Court in Geeta Verma Vs. State

of Rajasthan & Anr.; S.B. Civil Writ Petition No.2037/2023, which reads

as under:

      "1. Learned counsel for the petitioner submits that
      the   petitioner           has     been     placed      under       suspension



                            (Downloaded on 24/02/2023 at 12:03:27 AM)
                                    [2023/RJJD/005982]                       (2 of 2)                       [CW-2687/2023]


                                         simply because of the fact that prosecution sanction
                                         has been granted.
                                         2. Learned counsel argues that while placing the
                                         petitioner        under    suspension          the    respondents      have
                                         relied     upon    Circular       dated       10.08.2001,      which   has
                                         already been considered and quashed by this Court
                                         vide its judgment dated 04.05.2015 rendered in the
                                         case of Om Prakash Pandiya vs. State of Rajasthan
                                         (S.B. Civil Writ Petition No. 4073/2001).
                                         3. The matter requires consideration.
                                         4. Issue notice. Issue notice of stay application
                                         also, returnable within six weeks.
                                         5. Meanwhile, effect and operation of the impugned
                                         order dated 03.01.2023 placing the petitioner under
                                         suspension shall remain stayed.
                                         6.       Connect      with       S.B.         Civil     Writ    Petition
                                         No.891/2023."

                                         In light of the aforequoted order, let notices be issued to the

                                   respondents. Issue notice of the stay application also.

                                         List along with S.B. Civil Writ Petition No.2037/2023.

                                         In the meanwhile, effect and operation of the impugned

                                   order dated 03.01.2023 (Annexure-3), placing the petitioner

                                   under suspension, shall remain stayed.



                                                                     (DR.PUSHPENDRA SINGH BHATI), J.

168-Zeeshan

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