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2025 DAILYLAW 39498 (RAJ)

PRATHVIRAJ S/O NATTHE SINGH v. STATE OF RAJASTHAN

CW/15693/2025 · 2025-10-14

Ashok Kumar Jain

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:41879] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15693/2025 Prathviraj S/o Natthe Singh, Aged About 49 Years, R/o Kalyanpur, Police Station Sewar, District Bharatpur The Then Asi Police Station Gahnoli Mode, District Bharatpur. At Present During Suspension Period Posted Head Quarter Dholpur Raj. ----Petitioner Versus 1. State Of Rajasthan, Through Chief Secretary, Government Secretariat, Jaipur. 2. The Principal Secretary, Department Of Home Affairs, Government Of Rajasthan Secretariat, Jaipur. 3. The Director General Of Police, Jaipur. 4. Superintendent Of Police, Bharatpur. ----Respondents For Petitioner(s) : Mr. Anil Kumar Shukla For Respondent(s) : Mr. Somitra Chaturvedi, Dy.G.C. HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 14/10/2025 1. Mr. Somita Chaturvedi, Dy.G.C. accepts notice on behalf of respondent(s). 2. 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 20.06.2025 (Annexure 2) and petitioner is entitled to reinstatement pending inquiry. He further submits that the petitioner was suspended on false allegations and the allegations are not sufficient to warrant suspension either in [2025:RJ-JP:41879] (2 of 2) [CW-15693/2025] 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. He also placed reliance upon order dated 14.05.2025 in S.B. Civil Writ Petition No. 7269/2025 Ramavtar Bairwa Vs. State of Rajasthan & Ors. passed by a Co-ordinate Bench. 3. Heard learned counsel for petitioner and learned Dy.G.C. and perused the judgment as referred by learned counsel for petitioner along with material on record. 3. Present petitioner, who was appointed as Constable in Police Department was suspended by the Superintendent of Police, Bharatpur (Annexure 2), on 20.06.2025, after his arrest in a criminal case under 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 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 CHETNA BEHRANI /185