Devesh Kumar Sharma vs The State Of Rajasthan ...
2025 Latest Caselaw 11821 Raj

Rajasthan High Court - Jodhpur

Devesh Kumar Sharma vs The State Of Rajasthan ... on 28 August, 2025

Author: Nupur Bhati

Bench: Nupur Bhati

[2025:RJ-JD:38478]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 13067/2025

Devesh Kumar Sharma S/o Late Sh. Ratan Lal Sharma, Aged
About 58 Years, Resident Of 16-B, Neemuch Mata Scheme,
Girwa, Udaipur.
                                                                           ----Petitioner
                                         Versus
1.       The    State      Of       Rajasthan,       Through          The     Secretary,
         Department Of Urban Development, Government Of
         Rajasthan, Jaipur.
2.       The     Joint       Secretary-Iii,          Department             Of    Urban
         Development, Government Of Rajasthan, Jaipur.
                                                                      ----Respondents


For Petitioner(s)              :     Ms. Ayushi Solanki



               HON'BLE DR. JUSTICE NUPUR BHATI

Order

28/08/2025

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

against the order dated 17.01.2025 (Annex.6), whereby the

petitioner has been placed under suspension.

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

already 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

No. 4276/2018, decided on 21.12.2018 at Jaipur Bench

submitted that the Court in the said judgment has dealt with the

[2025:RJ-JD:38478] (2 of 2) [CW-13067/2025]

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 - 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 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 petition also stands disposed of accordingly.

(DR. NUPUR BHATI),J surabhii/16-

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