Ramniwas Baswana vs State Of Rajasthan ...
2023 Latest Caselaw 2604 Raj

[2023/RJJD/008172]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 16242/2021

Ramniwas Baswana S/o Shri Mehram Baswana, Aged About 45 Years, Village Post Chanthra Manjra, Raidhanu, District Nagaur (Rajasthan).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Education Department, Government Of Rajasthan, Jaipur (Rajasthan).

2. The Director, Elementary Education, Bikaner (Rajasthan).

3. The District Education Officer (Hq), Elementary Education, Nagaur (Rajasthan).

                                                                      ----Respondents


For Petitioner(s)              :     Mr. Kanishk Singhvi for
                                     Mr. C.S.Kotwani
For Respondent(s)              :     -



                         JUSTICE DINESH MEHTA

                                         Order

29/03/2023

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's grievance is that on the one hand, challan

has not been filed against the petitioner and on the other hand,

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.:

[2023/RJJD/008172] (2 of 2) [CW-16242/2021]

SBCW 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 facts and 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.3 - 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.3 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.

7. The stay application also stands disposed of accordingly.

(DINESH MEHTA),J 4-akansha/-

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