[2025:RJ-JP:24977] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7664/2025 Lalita Khinchi D/o Shri Madan Lal Khinchi, Aged About 38 Years, R/o 102/a, Gandhi Nagar, Front of Shiv Park, Sector-02, Chittuargarh, Rajasthan-312021 ----Petitioner Versus 1. State Of Rajasthan, through its Additional Chief Secretary, Department Of Social Justice And Empowerment, Government Of Rajasthan, Govt. Secretariat, Jaipur. 2. Department Of Social Justice And Empowerment, Through Joint Secretary, Ambedkar Bhawan, G-3/1, Behind Rajmahal Palace, Jaipur-302005. 3. Bachnesh Kumar Agarwal, Director, Social Justice Empowerment Department, Ambedkar Bhawan, G-3/1, Behind Rajmahal Palace, Jaipur-302005. ----Respondents For Petitioner(s) : Mr. Ajatshatru Meena Mr. Movil Jeenwal For Respondent(s) : Mr. Parth Sharma for Mr. Bhuwnesh Sharma, AAG Mr. Manish Bhardwaj for Mr. Amitosh Pareek HON'BLE MR. JUSTICE SUDESH BANSAL Order 07/07/2025 1. By invoking writ jurisdiction of this Court under Article 226 of the Constitution of India, petitioner has impugned the order of suspension dated 05.05.2025 whereby and whereunder petitioner has been placed under suspension from the post of Superintendent, Intellectual Disabled Home (Girls Wing), Jamdoli, Jaipur, in contemplation of Disciplinary inquiry in exercise of powers under Article 13(1) of the Rajasthan Civil Services [2025:RJ-JP:24977] (2 of 3) [CW-7664/2025] (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as “the Rules of 1958”). It has transpired from the record that the suspension order has been followed by issuance of charge-sheet dated 27.05.2025 under Rule 16 of the Rules of 1958 to the petitioner for dereliction of her duties. 2. Counsel for petitioner submits that in preliminary inquiry reports, no negligence on the part of petitioner has been found and petitioner was on leave on the date of incident of death of a girl Seema at the Disability Home, hence, suspension of petitioner is arbitrary and be ordered to be revoked. 3. After arguing for some time, counsel for petitioner seeks permission to withdraw this writ petition in order to avail the remedy to file a Department Appeal against the order of suspension under Rule 13(5) of the Rules of 1958 before the Department of Social Justice and Empowerment and in case, appeal is decided against the petitioner, then to approach before the Rajasthan Civil Services Appellate Tribunal, following the judgment of the Division Bench passed 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 entering into merits of the order of suspension, instant writ petition is disposed of as withdrawn with liberty to the petitioner, as prayed for. 5. Before parting with, it is hereby observed and directed that the Department of Social Justice and Empowerment shall ensure that since the Superintendent, Intellectual Disabled Home (Girls Wing), Jamdoli, Jaipur has been placed under suspension, the Disabled Home be adequately supervised and proper care to the [2025:RJ-JP:24977] (3 of 3) [CW-7664/2025] disabled persons (girls) be undertaken through any other eligible and competent officer. 6. As far as negligence of the concerned police personnel in the present matter is concerned, it has been informed that the charge-sheets to the defaulter policemen have been issue.Let inquiry be proceeded and defaulter be punished in accordance with law. 7. Stay application and other pending application(s), if any, also stand disposed of. 8. A copy of this order be sent to the Additional Chief Secretary, Department of Social Justice and Empowerment for compliance of directions issued in Para No.4 of the order. (SUDESH BANSAL),J NITIN /243