Rajasthan High Court - Jodhpur
Shyam Bihari Bairwa vs The State Of Rajasthan ... on 6 November, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:47681]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16646/2025
Shyam Bihari Bairwa S/o Sh. Sukha Ram, Aged About 59 Years,
R/o 36, Aashapurna Enclave, Pal Road, District- Jodhpur (Raj.).
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary, The
Public Health Engineering Department, Govt. Of
Rajasthan, Secretariat, Jaipur (Raj.).
2. The Chief Engineer And Additional Secretary, Public
Health Engineering Department, Govt. Of Rajasthan, Jal
Bhawan, 2- Civil Lines, Jaipur (Raj.).
3. The Chief Engineer (Urban And Nrw), Public Health
Engineering Department, Govt. Of Rajasthan, Jal Bhawan,
2- Civil Lines, Jaipur (Raj.).
4. The Additional Chief Engineer, Public Health Engineering
Department, Govt. Of Rajasthan, Pali (Raj.).
5. The Additional Chief Engineer, Public Health Engineering
Department, Govt. Of Rajasthan, Jodhpur-I, Jodhpur
(Raj.).
----Respondents
Connected With
S.B. Civil Writ Petition No. 16563/2025
Jeetendra Trivedi S/o Sh. Chand Ratan Trivedi, Aged About 53
Years, R/o Chand Pol Chowka, Jodhpur, District Jodhpur (Raj.).
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary, The
Public Health Engineering Department, Govt. Of
Rajasthan, Secretariat, Jaipur (Raj.).
2. The Chief Engineer And Additional Secretary, Public
Health Engineering Department, Govt. Of Rajasthan, Jal
Bhawan, 2- Civil Lines, Jaipur (Raj.).
3. The Chief Engineer (Urban And Nrw), Public Health
Engineering Department, Govt. Of Rajasthan, Jal Bhawan,
2- Civil Lines, Jaipur (Raj.).
4. The Additional Chief Engineer, Public Health Engineering
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Department, Govt. Of Rajasthan, Pali (Raj.).
5. The Additional Chief Engineer, Public Health Engineering
Department, Govt. Of Rajasthan, Joldhpur-I, Jodhpur
(Raj.).
----Respondents
S.B. Civil Writ Petition No. 16618/2025
Hemant Kumar Vaishnav S/o Sh. Om Prakash Vaishnav, Aged
About 50 Years, R/o Phed Colony, Khara Road, Ahore, District-
Jalore (Raj.).
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary, The
Public Health Engineering Department, Govt. Of
Rajasthan, Secretariat, Jaipur (Raj.).
2. The Chief Engineer And Additional Secretary, Public
Health Engineering Department, Govt. Of Rajasthan, Jal
Bhawan, 2- Civil Lines, Jaipur (Raj.).
3. The Chief Engineer (Urban And Nrw), Public Health
Engineering Department, Govt. Of Rajasthan, Jal Bhawan,
2- Civil Lines, Jaipur (Raj.).
4. The Additional Chief Engineer, Public Health Engineering
Department, Govt. Of Rajasthan, Pali (Raj.).
5. The Additional Chief Engineer, Public Health Engineering
Department, Govt. Of Rajasthan, Jodhpur-I, Jodhpur
(Raj.).
----Respondents
For Petitioner(s) : Mr. Lokesh Mathur
For Respondent(s) : Mr. PS Chundawat
HON'BLE MR. JUSTICE FARJAND ALI
Order
06/11/2025
1. By way of filing the instant writ petitions, the petitioners
have made challenge to the order dated 11.08.2025 passed by the
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respondent department whereby they were kept in suspension.
After arguing to some extent, learned counsel for the petitioner
seeks withdrawal of the instant writ petitions while keeping their
rights reserved to agitate the issue of continuation of the
suspension order being not in conformity with the judgment
passed by the Coordinate Bench on 21.02.2025 in the case of
Naresh Singh vs. State of Rajasthan & Ors. in S.B. Civil Writ
Peititon No.1788/2024.
2. Accordingly, all writ petitions are disposed of along with all
pending applications.
3. In the case referred supra, the entire aspect related to
suspension of a public servant have been dealt with. In paragraph
38 of the above judgment, it has been directed that whether there
is no criminal proceeding pending, but a government servant is
suspended in contemplation of departmental proceedings, steps
shall be taken for initiation of disciplinary proceedings forthwith,
by issuance of charge-sheet or show-cause notice, as the case
may be, but the same shall not be later then 30 days with effect
from day of suspension order. In case the charge-sheet could not
be issued, then one extension of another 30 days shall be
permissible provided reasons and relevant record conveyed to the
suspended government servant. It has specifically been
propounded that non-adherence to the 30 days time limit or 60
days, as the case may be, as a necessary consequence the same
shall lead to indefeasible right in favour of the government servant
to seek revocation of the suspension order upon them
approaching the suspending authority by way of filing the appeal
under Rule 22 of the Rules.
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4. The Coordinate Bench has also issued directions have been
issued to the government of Rajasthan through the secretary
personnel to take proper steps to sensitize the concerned
authorities of state government in this behalf and mandamus has
been issued for making compliance of the same.
5. In this view of the matter, the petitioners are given a liberty
to submit a representation to the respondent department within a
period of 10 days from now. Upon receipt of the representation,
the respondent authorities shall decide the same within a period of
15 days from now strictly adhering with the guidelines issued in
paragraph 38 to 40 of the judgment referred supra. It shall be
considered whether an indefeasible right to seek revocation of
suspension order has accrued in favour of the petitioners by not
complying the time limits as directed by the Coordinate Bench of
this Court through the judgment referred supra.
6. Nothing would preclude the petitioners to approach this
Court again, if their grievance would still persist.
(FARJAND ALI),J
158-chhavi/-
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