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2025 DAILYLAW 37626 (RAJ)

RUKMANI KUMARI SHARMA W/O SHRI SANTOSH KUMAR SHARMA v. STATE OF RAJASTHAN

CW/15530/2025 · 2025-10-14

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:41873] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15530/2025 Rukmani Kumari Sharma W/o Shri Santosh Kumar Sharma, Aged About 39 Years, Resident Of 21A, Keshav Garden, Jamdoli, Agra Road, Jaipur, Rajasthan ----Petitioner Versus 1. State Of Rajasthan, Through The Principal Secretary, Department Of Personnel, Government Of Rajasthan, Government Secretariat, Jaipur. 2. District Collector, Jaipur, Collectorate Circle, Banipark, Jaipur. 3. Secretary, Jaipur Development Authority, Jln Marg, Jaipur 4. Director General, Anti-Corruption Bureau, J-9, Jhalana Institutional Area, Jhalana Doongri, Jaipur, Rajasthan 302004 ----Respondents For Petitioner(s) : Ms. Preeti Sharma For Respondent(s) : HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 14/10/2025 1. Learned counsel for petitioner while placing reliance upon judgment in case of Ajay Kumar Choudhary Vs. Union of India Through its Secretary and Another reported as AIR 2015 SC 2389 and orders passed by Co-ordinate Bench of this Court in case of Pushkar Kumar Mittal Vs. State of Rajasthan (S.B. Civil Writ Petition No. 10634/2025) order dated 17.07.2025 and Manvendra Singh Vs. State of Rajasthan (S.B. Civil Writ Petition No. 4276/2018) order dated 21.12.2018 submits that present petitioner was placed under suspension vide order dated 23.08.2024 (Annexure-1) and petitioner is entitled to reinstatement pending inquiry. She further submits that the [2025:RJ-JP:41873] (2 of 2) [CW-15530/2025] petitioner was suspended on false allegations and the allegations are not sufficient to warrant suspension either in contemplation of enquiry or during pendency of criminal case. He further submitted that placing a public servant under suspension for a longer duration is also against the public policy. 3. Heard learned counsel for petitioner and perused the judgments as referred by learned counsel for petitioner along with material on record. 3. Present petitioner, who was appointed as Patwari was suspended by the Secretary, Jaipur Development Authority on 23.08.2024, after her arrest in criminal case relating to the Prevention of Corruption Act. 4. Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to respondent within a period of two weeks raising all grounds. The respondents are directed to decide the representation with a reasoned and speaking order within a period of 4 weeks from date of receipt of representation, in light of judgments as referred hereinabove. After passing the order, the respondents are under an obligation to communicate the order to the petitioner either by way of speed post or through E-mail, if petitioner has provided E-mail in her representation. If the petitioner is still aggrieved, she has right to re-approach the court with fresh petition. 5. Accordingly, the writ petition with pending application, if any, stands disposed. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /181