Rajasthan High Court - Jaipur
Mahesh Chand S/O Shri Kishan Lal ... vs State Of Rajasthan on 23 July, 2020
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
1. S.B. Civil Writ Petition No. 18734/2019
Jitendra Kumar S/o Shri Ramjilal, Aged About 40 Years, R/o
Village Seeshwada, Post Dhand, Tehsil Mahuwa, District Dausa.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Additional Chief
Secretary, Home Department, Government Of Rajasthan,
Government Secretariat, Jaipur.
2. Director General Of Police, Rajasthan, Jaipur.
3. Superintendent Of Police, Dausa, District Dausa.
----Respondents
2. S.B. Civil Writ Petition No. 18743/2019 Girraj Prasad S/o Shri Kainhyalal, Aged About 52 Years, R/o Vpo Rayasana, Tehsil Nadoti, District Karauli.
----Petitioner Versus
1. State Of Rajasthan, Through Its Additional Chief Secretary, Home Department, Government Of Rajasthan, Government Secretariat, Jaipur.
2. Director General Of Police, Rajasthan, Jaipur.
3. Superintendent Of Police, Dausa, District Dausa.
----Respondents
3. S.B. Civil Writ Petition No. 18744/2019 Mahesh Chand S/o Shri Kishan Lal Prajapat, Aged About 58 Years, R/o Village Baleta, District Alwar.
----Petitioner Versus
1. State Of Rajasthan, Through Its Additional Chief Secretary, Home Department, Government Of Rajasthan, Government Secretariat, Jaipur.
2. Director General Of Police, Rajasthan, Jaipur.
3. Additional Director General Of Police Cum Inspector General (Downloaded on 23/07/2020 at 09:31:16 PM) (2 of 4) [CW-18734/2019] Of Police, Jaipur Range, Jaipur.
4. Superintendent Of Police, Sikar, District Sikar.
----Respondents
4. S.B. Civil Writ Petition No. 18751/2019 Ram Kishore Jat S/o Shri Sukkan Ram, Aged About 55 Years, R/o Village Choronti Istmurar, Thana Mia, Alwar.
----Petitioner Versus
1. State Of Rajasthan, Through Its Additional Chief Secretary, Home Department, Government Of Rajasthan, Government Secretariat, Jaipur.
2. Director General Of Police, Rajasthan, Jaipur.
3. Inspector General Of Police, Jaipur Range, Jaipur.
4. Superintendent Of Police, Dausa District Dausa.
----Respondents For Petitioner(s) : Mr.Ashok Bansal, Adv. For Respondent(s) : Mr. P.S. Naruka with Mr. Deepak Prajapat for Mr. Rupin Kala, G.C. HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 23/07/2020 The present order will dispose of the four writ petitions filed by the petitioners challenging the suspension order, issued by the Authorities, invoking their power under Rule 13 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short "the Rules of 1958").
Learned counsel for the petitioners submitted that the Division Bench of this Court in D.B. Special Appeal (Writ) No. 1111/2019 (State of Rajasthan & Ors. Vs. Manvendra Singh) has laid down the law that the order of suspension can be (Downloaded on 23/07/2020 at 09:31:16 PM) (3 of 4) [CW-18734/2019] reconsidered by the Authority under Rule 13(5) of the Rules of 1958.
The Division Bench has also approved the finding of the learned Singh Judge that no circular can be issued by the Authority where power of reviewing the suspension order is taken away of the competent Authority.
The Division Bench has found that the executive instructions issued by the State Government by way of circulars putting fetters on an independent power of the competent Authority under Rule 13 (5) of the Rules of 1958 and curtailing the power of Appellate Authority under Rule 22 of the Rules of 1958, deserves to be ignored.
Learned counsel for the petitioners Mr.Ashok Bansal submitted that the petitioners are confining their prayer in the present writ petitions for seeking a direction to decide representation of the petitioners in view of the power available under Rule 13(5) of the Rules of 1958.
Learned counsel submitted that the petitioners may be given liberty to file fresh representation for making out a case of revocation of suspension and as such, the Authority competent to decide the representation, may be directed to decide the representation of the petitioners in expeditious manner.
Learned counsel for the respondents Mr.PS Naruka and Mr.Deepak Prajapat submit that the law, laid down by the Division Bench in the case of State of Rajasthan Vs. Manvendra Singh (supra), has clearly held that the order of suspension cannot be interfered by the High Court and it is only the competent Authority to take into account the relevant parameters / consideration for adjudging the validity of suspension order. (Downloaded on 23/07/2020 at 09:31:16 PM)
(4 of 4) [CW-18734/2019] Accordingly, this Court disposes of these writ petitions by giving liberty to the petitioners to file comprehensive/detailed representation before the competent Authority within a period of two weeks and the competent Authority is also directed to decide the representations in expeditious manner but in no case, later than five weeks after submission of the representation.
A copy of this order be separately placed in each file.
(ASHOK KUMAR GAUR),J PARUL SHARMA /PREETI ASOPA/92 (Downloaded on 23/07/2020 at 09:31:16 PM) Powered by TCPDF (www.tcpdf.org)