Rajasthan High Court - Jaipur
Dharam Singh S/O Shri Failiram Gurjar vs State Of Rajasthan on 11 September, 2020
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 8938/2020
Dharam Singh S/o Shri Failiram Gurjar, Aged About 42 Years,
R/o Mundaghisya Tehsil- Nangal- Rajawatan, District Dausa
Rajasthan At Present Posted Constable No 223, At Headquarter
Reserve Police Line Sikar Rajasthan (Suspended)
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary (Home), Govt.
Of Rajasthan, Secretariat Jaipur (Rajasthan)
2. Dgp, Rajasthan, R/o Lal Kothi, Jaipur
3. Sp Dausa, District Dausa Rajasthan
----Respondents
For Petitioner(s) : Mr. Shribhan Gurjar For Respondent(s) : Mr. Pushpendra Singh Naruka for Mr. Rupin Kala, Govt. Advocate HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Order 11/09/2020 Issue notice.
Mr. Pushpendra Singh Naruka, Advocate, accepts notice on behalf of all the respondents.
Both counsel are agreed that present petition can be disposed of in terms of the order passed by the Coordinate Bench of this Court in SBCWP No. 3768/2020 (Suresh Kumar Vs. State of Rajasthan & Anr.).
Accordingly, the present writ petition is disposed of in the same terms as under:-
"Learned counsel for the petitioner submitted that this petition can be disposed of by this Court in view of the (Downloaded on 15/09/2020 at 09:35:54 PM) (2 of 2) [CW-8938/2020] judgment passed by the Division Bench in D.B. SAW No.1111/2019 (State of Rajasthan & Ors. vs. Manvendra Singh) wherein law has been laid down that the order of suspension can be reconsidered by the Authority under Rule 13(5) of the Rules of 1958.
Learned counsel Mr.P. S. Naruka, appearing for the respondents, submits that the petitioner is required to approach the Authority and the impugned suspension order may not be decided by this Court.
This Court considering the law laid down by the Division Bench in the case of State of Rajasthan & Ors. vs. Manvendra Singh (supra), disposes of the present writ petition by giving liberty to the petitioner to file a comprehensive/detailed representation before the competent authority within a period of two weeks and the competent authority is also directed to decide the representation in expeditious manner but in no case, later than five weeks from the date of filing of representation."
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