MAHENDER SINGH GURJAR S/O SHRI KHYALIRAM GURJAR v. THE STATE OF RAJASTHAN
CW/15211/2025 · 2025-10-07
Ashok Kumar Jain
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 39305 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39305 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:40668] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15211/2025 Mahender Singh Gurjar S/o Shri Khyaliram Gurjar, Aged About 50 Years, R/o Nangal Lakha, Police Station Harsoura, District Kotputli-Behror, Then Ex-Officio Secretary Gram Panchayat Paota Tehsil Paota, At Present Junior Assistant Gram Panchayat Kairodi, Tehsil Paota District Kotputli-Behror. ----Petitioner Versus
1. The State Of Rajasthan, Through Principal Secretary, Government Of Rajasthan, Panchayati Raj Department, Secretariat, Jaipur, Rajasthan.
2. Chairman Cum Executive Officer, Zila Parishad Kotputli- Behror, Rajasthan.
3. Block Development Officer (Bdo), Panchayat Samiti Paota, District Kotputli-Behror, Rajasthan.
4. Ramavtar S/o Bhanwar Singh, R/o Bhounawas, Police Station Pragpura, District Kotputli-Behror, Rajasthan. ----Respondents For Petitioner(s) : Mr. Krishan Kumar Sharma For Respondent(s) :
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 07/10/2025
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 submits that present petitioner was placed under suspension vide order dated 25.08.2025 (Annexure-6) and petitioner is entitled to reinstatement pending inquiry. He further submits that the petitioner was
[2025:RJ-JP:40668] (2 of 2) [CW-15211/2025] suspended on false allegations and the allegations are not sufficient to warrant suspension in contemplation of enquiry. He further submitted that placing a public servant under suspension for a longer duration is also against the public policy.
2. Heard learned counsel for petitioner and perused the
judgment as referred by learned counsel for petitioner along with material on record.
3. Present petitioner, who was initially appointed as Junior Assistant through Ex-Army Quota was suspended by the Development Officer, Panchayat Samiti Poata on 25.08.2025.
4. Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to respondent within a period of two weeks from now raising all grounds. The respondents are directed to dispose of the representation with a reasoned and speaking order within a period of 4 weeks from date of receipt of representation. 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 his representation. If the petitioner is still aggrieved, he 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 MONU /156