Vikas Poonia vs State Of Rajasthan
2024 Latest Caselaw 8984 Raj

Rajasthan High Court - Jodhpur

Vikas Poonia vs State Of Rajasthan on 15 October, 2024

Author: Farjand Ali

Bench: Farjand Ali

[2024:RJ-JD:42006]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 14637/2024

Vikas Poonia S/o Rajendra Poonia, Aged About 27 Years, R/o
Bajrang Colony, Vallabh Garden, Bikaner, District Bikaner At
Present Patwari Under Suspension, Headquartered At Tehsil
Jasrasar, District Bikaner.
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through The Secretary, Department
         Of Revenue, Secretariat, Jaipur, Rajasthan.
2.       The District Collector (Land Record), Bikaner, Rajasthan.
3.       Sub Divisional Officer, Chhatargarh, District Bikaner.
4.       Tehsildar, Land Record, Chhatargarh, District Bikaner.
5.       Board Of Revenue, Ajmer Through Its Chairman.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. C.S. Kotwani
                                Mr. Manoj Choudhary
For Respondent(s)         :     Mr. S.R. Paliwal, GC



                HON'BLE MR. JUSTICE FARJAND ALI

Order

15/10/2024

1. The instant writ petition has been filed by the petitioner

being aggrieved by the order dated 11.03.2024 (Anneuxre-5)

passed by the respondent No.2, whereby the petitioner was

directed to be kept under suspension.

2. Learned counsel for the petitioner submits that as per the

judgment rendered by the Hon'ble Supreme Court of India in the

case of Ajay Kumar Choudhary Vs. Union of India Through

Its Secretary & Anr. reported in (2015) 7 SCC 291 as well as

the order dated 25.05.2022 passed by the Division Bench of this

[2024:RJ-JD:42006] (2 of 2) [CW-14637/2024]

Court at Jaipur Bench in the case of Jahagir Ali Khan Vs. The

State of Rajasthan & Anr. (D.B. Civil Special Appeal Writ

No.662/2022), no employee can be kept under suspension for

indefinite period. It is further submitted that now six months have

been lapsed, however, no review order has been passed.

3. In this view of the matter, this writ petition is disposed of

with a direction to the competent authority to review the

suspension order dated 11.03.2024 (Anneuxre-5) strictly in

accordance with the law laid down by the Hon'ble Supreme Court

as well as the Division Bench of this Court in the cases of Ajay

Kumar Choudhary (supra) and Jahagir Ali Khan (supra)

respectively within a period of 15 days after receipt of a copy of

this order.

4. Needless to say that the petitioner would be at liberty to

approach this Court again in case an order is passed avers to his

interest.

5. Stay petition also stands disposed of.

(FARJAND ALI),J

Abhishek Kumar S.No.7

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