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2025 DAILYLAW 17779 (RAJ)

HEMANT SAINI SON OF SHRI MUKTILAL SAINI v. STATE OF RAJASTHAN

CW/7343/2022 · 2025-07-09

Sudesh Bansal

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[2025:RJ-JP:25306] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7755/2022 Bhawani Singh Charan Son Of Shri Doongar Dan Charan, Aged About 38 Years, Resident Of Village Balau, District Barmer. ----Petitioner Versus 1. State Of Rajasthan, Through Its Principal Secretary, Social Justice And Empowerment Department Government Of Rajasthan, Government Secretariat, Jaipur. 2. Director Cum Joint Secretary, Social Justice And Empowerment Department Government Of Rajasthan, Jaipur. ----Respondents Connected With S.B. Civil Writ Petition No. 7343/2022 Hemant Saini Son Of Shri Muktilal Saini, Aged About 36 Years, Resident Of Village Pachalangi, Tehsil Udaipurwati, District Jhunjhunu. ----Petitioner Versus 1. State Of Rajasthan, Through Its Principal Secretary, Social Justice And Empowerment Department, Government Of Rajasthan, Government Secretariat, Jaipur. 2. Director Cum Joint Secretary, Social Justice And Empowerment Department, Government Of Rajasthan, Jaipur. ----Respondents S.B. Civil Writ Petition No. 7750/2022 Chutra Ram Son Of Shri Prabhu Ram, Aged About 38 Years, Resident Of Village Dhoba, Post Khuhari, District Jaisalmer. ----Petitioner Versus 1. State Of Rajasthan, Through Its Principal Secretary, Social Justice And Empowerment Department, Government Of Rajasthan, Government Secretariat, Jaipur. 2. Director Cum Joint Secretary, Social Justice And Empowerment Department, Government Of Rajasthan, Jaipur. ----Respondents For Petitioner(s) : Mr. Ashok Bansal with Mr. Ayush Bansal, Mr. Pawan Sharma For Respondent(s) : Mr. Amitosh Pareek, Dy.GC Mr. Manish Bhardwaj HON'BLE MR. JUSTICE SUDESH BANSAL Order [2025:RJ-JP:25306] (2 of 3) [CW-7755/2022] 09/07/2025 1. Instant writ petitions have been listed in the ‘Orders Category’ on the misc. applications for early hearing, however with consent of learned counsel for both parties, the writ petitions have been heard finally on merits and would stand decided by this common order. 2. It appears that all three petitioners were placed under suspension vide common order dated 06.05.2022, apparently on the basis of audit objection for year 2017-18 to 2020–2021 in respect of Block Office, Jaisalmer Sam, Sankra. 3. In the writ petitions, challenge to the suspension orders was made fundamentally on the ground that no charge-sheets were issued to the petitioners. In that view of matter, the suspension orders were stayed by the Coordinate Bench of this Court vide orders dated 18.05.2022 in SBCWP No.7343/2022 (Hemant Saini Vs. State of Rajasthan) and 25.05.2022 in SBCWP No.7750/2022 (Chutra Ram Vs. State of Rajasthan) and SBCWP No. 7755/2022 (Bhawani Singh Charan Vs. State of Rajasthan). 4. It is noteworthy that in pursuance of interim stay orders, petitioners have been reinstated in service and presently, are serving with the respondents. 5. It is further undisputed that for the alleged allegations, charge-sheets have also been served upon the petitioners at later stage. 6. Learned counsels for both the parties admit that the inquiry, pursuant to the charge-sheets, has been proceeded and virtually stands concluded, since same is pending at the stage of final decision by the Disciplinary Authority. [2025:RJ-JP:25306] (3 of 3) [CW-7755/2022] 7. Taking into consideration the aforesaid subsequent development and the scope of writ petition, which are confined to challenge to the suspension orders, this Court finds that the writ petitions are liable to be disposed of with following directions:- (i) The orders dated 18.05.2022 & 25.05.2022, staying the operation of suspension orders are made absolute and shall remain continue until the conclusion of the departmental inquiry, pursuant to the charge-sheets which have been served upon the petitioners. Since petitioners have already been reinstated, they shall be allowed to continue in service accordingly. (ii) The Disciplinary Authority shall proceed to take final decision on the basis of inquiry report and evidence on record, in respect of the charges leveled against the petitioners and may pass appropriate orders in accordance with law without being influenced by staying of the suspension orders by this Court. 8. In view of the fact that proceedings of inquiry have been concluded, it is expected that the Disciplinary Authority shall take its decision preferably within a period of three months, if possible. 9. With aforesaid observations/ directions, all these writ petitions stand disposed of. 10. Any other pending application, if any, also stands disposed of. 11. Registry is directed to send a copy of this order to the concerned Department. (SUDESH BANSAL),J TN/49-51