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2025 DAILYLAW 28422 (RAJ)

SURENDRA SINGH S/O LATE CAPTAIN BHANWAR SINGH v. THE CHAIRMAN, MANAGEMENT COMMITTEE

CW/13306/2025 · 2025-09-08

Anand Sharma

body2025

Judgment text

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[2025:RJ-JP:35802] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13306/2025 Surendra Singh S/o Late Captain Bhanwar Singh, Aged About 58 Years, R/o Plot No.121, Chand Bihari Nagar, Khatipura, Jaipur- 302012 (Rajasthan). ----Petitioner Versus 1. The Chairman, Management Committee, Indian Council For International Amity C/o The IIS University Camps, SFS, Mansarovar, Jaipur (Rajasthan). 2. The Principal, India International School, Sitapura, ISI- 11, RIICO Industrial Area, Adjoining Mahatma Gandhi Hospital, Goner Road, Sitapura, Jaipur (Rajasthan). 3. The Director, Secondary Education, Bikaner, District Bikaner (Rajasthan). ----Respondents For Petitioner(s) : Mr. Krishan Kumar Chhawal Mr. Rakesh Saini For Respondent(s) : HON'BLE MR. JUSTICE ANAND SHARMA Order 08/09/2025 1. By way of filing the instant writ petition, the petitioner has challenged the order dated 18.06.2025 passed by the Rajasthan Non-Government Educational Institutions Tribunal, Jaipur, whereby the stay application filed by the petitioner along with appeal before the learned Tribunal has been dismissed. 2. Learned counsel for the petitioner submits that feeling aggrieved by the arbitrary and illegal suspension order dated 26.04.2025, the petitioner approached the learned Tribunal with a contention that the suspension order was malicious in nature and [2025:RJ-JP:35802] (2 of 3) [CW-13306/2025] was issued with pre-occupied mind only to harass and victimize the petitioner. After examining the entire facts as well as giving findings on merits of the matter, instead of deciding the appeal itself, the learned Tribunal has dismissed the stay application. Learned counsel for the petitioner submits that the petitioner is cooperating in the enquiry proceedings; however, the enquiry could not be proceeded on account of not supplying the relevant documents to the petitioner. Under these circumstances, continuing suspension of the petitioner for uncertain period would cause grave prejudice and miscarriage of justice. 3. I have considered the submissions made by learned counsel for the petitioner and examined the record as well as order dated 18.06.2025. 4. In the light of the facts of the case and more so where retirement of the petitioner is in near future, continuance of suspension may also cause adverse effect over the retiral benefits of the petitioner. This Court therefore, deems it just and proper to dispose of the writ petition with direction to the learned Tribunal to decide the application under Section 21 of the Act of 1989 itself expeditiously, but not later than six months from the date of the receipt of certified copy of this order. Learned counsel for the petitioner is expected to cooperate with the learned Tribunal and not to take any unnecessary adjournment in the matter. 5. The respondents No.1 & 2 are also directed to review the suspension order dated 26.04.2025 and to pass an appropriate order with regard to continuance or revocation of the suspension order. [2025:RJ-JP:35802] (3 of 3) [CW-13306/2025] 6. It is made clear that no view has been expressed by this Court on merits of the case. 7. Ordered accordingly. (ANAND SHARMA),J NEERU/14