Prahlad Meena vs The State Of Rajasthan
2023 Latest Caselaw 85 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 74/2023

Prahlad Meena S/o Sh. Jagan Lal Meena, Aged About 48 Years, Resident Of Village Gadhikapura, Sawai Madhopur, Presently Village Meenapura, Tehsil Todabhim, District Karauli.

----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, Bikaner Range, Bikaner.

4. The Superintendent Of Police, Sriganganagar.

                                                                     ----Respondents


For Petitioner(s)           :     Mr. Bhakti Singh Rathore for
                                  Mr. Sushil Solanki
For Respondent(s)           :     -



                       JUSTICE DINESH MEHTA

                                       Order

04/01/2023

1. This writ petition has been filed by the petitioner aggrieved

against the order dated 27.09.2021 (Annex.-2), whereby the

petitioner has been placed under suspension.

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

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.: SBCW

(2 of 2) [CW-74/2023]

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.

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 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).

5. 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.

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

alongwith requisite documents before the disciplinary authority.

(DINESH MEHTA),J 126-Akansha/-

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