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2025 DAILYLAW 14067 (RAJ)

HEMLATA SAINI D/O SHRI JAGDISH CHANDRA SAINI v. STATE OF RAJASTHAN

CW/5195/2025 · 2025-05-19

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:20937] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5195/2025 Hemlata Saini D/o Shri Jagdish Chandra Saini, Aged About 58 Years, Resident Of Sanjay Colony, Near Jhulelal Mandir, Distt. Nagaur (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Department Of Education, Government Secretariat, Jaipur. 2. Director, Secondary Education, Bikaner (Raj.) 3. District Education Officer, Secondary Education, Nagaur (Raj.) ----Respondents For Petitioner(s) : Mr. Ashwinee Kumar Jaiman Mr. Keshav Parash For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 19/05/2025 1. Writ jurisdiction of High Court under Article 226 of the Constitution of India has been invoked by the petitioner, feeling aggrieved by the order of suspension dated 20.03.2025 issued by the Director, Secondary Education Rajasthan, Bikaner, placing the petitioner under suspension from the post of Principal, Government Higher Secondary School Shri Balaji, Nagaur. 2. Counsel for petitioner argued that the order of suspension stands bad in law and in violation to Rule 13 of the CCA Rules, 1958, as much as till date no charge-sheet has been served upon the petitioner and petitioner has been placed under suspension maliciously. 3. During course of arguments, counsel for petitioner admits that petitioner has an alternative remedy against the impugned [2025:RJ-JP:20937] (2 of 2) [CW-5195/2025] suspension order before the Rajasthan Civil Services Appellate Tribunal (hereinafter for-short “the Tribunal”) in view of Section 2(f)(v) of the Rajasthan Civil Services (Service Matters Appellate Tribunals) Act, 1976, according to view expressed by the Division Bench in case of Jahangir Ali Khan Vs. State of Rajasthan: D.B. Special Appeal (Writ) No.662/2022 decided on 25.5.2022. 4. In view of above, without expressing any opinion on merits, instant writ petition is disposed of with liberty to the petitioner to assail the suspension order before the Tribunal and it is hereby observed that, in case, petitioner prefers appeal within a period of ten days from today, the Tribunal shall expedite hearing of appeal as well as stay application at the earliest possible. 5. Stay application and other pending application(s), if any, also stand disposed of. (SUDESH BANSAL),J NITIN /3