Ashish vs The State Of Rajasthan ...
2024 Latest Caselaw 9195 Raj

Rajasthan High Court - Jodhpur

Ashish vs The State Of Rajasthan ... on 21 October, 2024

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2024:RJ-JD:42937]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 17339/2024

Ashish S/o Sh. Babu Ram, Aged About 36 Years, R/o Roopsi,
Jaisalmer.
                                                                           ----Petitioner
                                         Versus
1.       The    State      Of       Rajasthan,       Through          The     Secretary,
         Department Of Home Affairs, Government Of Rajasthan,
         Jaipur.
2.       The Director General Of Police, Headquarters, Jaipur.
3.       The Inspector General Of Police, Jodhpur Range, Jodhpur.
4.       The Superintendent Of Police, Jaisalmer.
                                                                      ----Respondents


For Petitioner(s)              :     Ms. Ayushi Solanki.



         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

21/10/2024

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

against the order dated 07.10.2020 (Annex.-1), whereby the

petitioner has been placed under suspension.

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

challan has not been filed against the petitioner 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 Vs. State of Raj. & Ors.: 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

[2024:RJ-JD:42937] (2 of 2) [CW-17339/2024]

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 overall 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 respondents are 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 respondents 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.

(VINIT KUMAR MATHUR),J 43-Shahenshah/-

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