Bhupendra Pal Singh vs The State Of Rajasthan ...
2024 Latest Caselaw 24 Raj

Rajasthan High Court - Jodhpur

Bhupendra Pal Singh vs The State Of Rajasthan ... on 2 January, 2024

[2024:RJ-JD:132]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   S.B. Civil Writ Petition No. 19602/2023

Bhupendra Pal Singh S/o Late Chain Singh Rawat, Aged About
31 Years, Khutta Ki Bari, Mukam Post Todgarh, Tehsil Todgarh,
District Ajmer.
                                                                          ----Petitioner
                                          Versus
1.       The       State      Of     Rajasthan,         Through        The   Secretary,
         Department Of Education, Governmnet Of Rajasthan,
         Jaipur.
2.       The Director, Secondary Education, Bikaner.
3.       The Joint Director (School Education), Udaipur Division,
         Udaipur.
                                                                       ----Respondents


For Petitioner(s)               :     Mr. Sushil Solanki
For Respondent(s)               :



               HON'BLE MR. JUSTICE ARUN MONGA

Order

02/01/2024

This writ petition has been filed by the petitioner aggrieved

against the order dated 18.08.2022 (Annex.1), whereby the

petitioner has been placed under suspension.

It is, inter alia, asserted that challan against the petitioner

has already been filed. Notwithstanding, the petitioner has not

been reinstated. The order of suspension ought to be revoked and

the petitioner deserves to be reinstated.

The petitioner relies on judgment rendered in Manvendra

Singh v. State of Raj. & Ors.: SBCW No. 4276/2018, decided on

21.12.2018. The Court in the said judgment has dealt with the

powers of the disciplinary authority under Rule 13(5) of the Rules

[2024:RJ-JD:132] (2 of 2) [CW-19602/2023]

of 1958 and appellate authority under Rule 22 of the Rules of

1958. It is held therein that various circulars issued by the State

Government, laying down restrictions 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, even after

the charge-sheet had been filed, were not justified. It is open for

the authorities to examine the case for revocation of suspension

even prior to the expiry of said periods fixed.

In the premise, instant writ petition is disposed of with a

direction to the disciplinary authority to decide the representation

(to be made by the petitioner) in light of the judgment in the case

of Manvendra Singh (supra).

The needful may be done by the respondents within a period

of four weeks from the date representation along with a copy of

this order is filed by the petitioner.

The instant order has been passed based on the submissions

made by the learned counsel for the petitioner, the respondents

would be free to examine the veracity of the submissions made in

the representation and only in case, the averments made therein

are found to be correct, the petitioner would be entitled to the

relief.

(ARUN MONGA),J 40-divyaP/-

Powered by TCPDF (www.tcpdf.org)