Vijay Singh vs The State Of Rajasthan
2023 Latest Caselaw 425 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 406/2023

Vijay Singh S/o Shri Sohan Lal, Aged About 32 Years, R/o V.p.o. Hamirdesar, Tehsil Rawatsar, District Hanumangarh (Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Home, Secretariat, Govt. Of Rajasthan, Jaipur.

2. The Inspector General Of Police, Ajmer Range, Ajmer.

3. The Superintendent Of Police, Nagaur, District Nagaur.

                                                                     ----Respondents


For Petitioner(s)           :     Mr. Deepak Pareek



                       JUSTICE DINESH MEHTA

                                       Order

10/01/2023

1. By way of present petition, the petitioner has challenged the

order dated 02.03.2020 (Annx.1) issued by the Superintendent of

Police, District Nagaur, whereby he has been placed under

suspension.

2. The petitioner made a representation, inter alia, indicating

that already challan against the petitioner has been filed 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.

3. Learned counsel for the petitioner with reference to

judgment in Manvendra Singh v. State of Raj. & Ors. (S.B.

Civil Writ Petition No. 4276/2018) decided on 21.12.2018

submitted that the Court in the said judgment has dealt with the

(2 of 2) [CW-406/2023]

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.

4. In the over all fact 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-disciplinary authority, is directed to decide the

representation made by the petitioner in light of the judgment in

the case of Manvendra Singh (supra).

5. The needful may be done by the respondent within a period

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

petitioner.

6. The petitioner would be free to file a further representation

along with requisite documents before the disciplinary authority.

7. The stay application also stands disposed of accordingly.

(DINESH MEHTA),J

176-Inder/-

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