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2025 DAILYLAW 41008 (RAJ)

KAILASH CHANDRA PRAJAPATI S/O SHRI BHOMARAM v. STATE OF RAJASTHAN

CW/15015/2025 · 2025-10-09

Ashok Kumar Jain

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Judgment text

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[2025:RJ-JP:41238] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15015/2025 Kailash Chandra Prajapati S/o Shri Bhomaram, Aged About 55 Years, Resident Of Village Mahadevpura, Tunga, Jaipur And Presently Residing At 37 B, Krishna Vihar, Indraprastha Marriage Garden Road, Sector-5, Pratapnagar Jaipur (Under Suspension At Head Quarter- Office Of Commissioner, Department Of Excise, Udaipur, Rajasthan.) ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Department Of Personnel, (A-3/complaint) Government Of Rajasthan, Government Secretariat, Jaipur, Rajasthan. 2. Additional Chief Secretary, Department Of Finance (Excise), Secretariat Jaipur Rajasthan ----Respondents For Petitioner(s) : Mr. Manoj Kumar Avasthi For Respondent(s) : HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 09/10/2025 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 02.08.2024 (Annexure 1 and 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 in contemplation of enquiry. He further submitted that placing a public servant under suspension for a longer duration is also [2025:RJ-JP:41238] (2 of 2) [CW-15015/2025] against the public policy. He placed reliance upon circular dated 31.07.2018 issued by DOP, Government of Rajasthan. 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 appointed as Excise Inspector Gr.II was suspended by the Joint Secretary, Government of Rajasthan on 02.08.2024 (Annexure 1 and 2). 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 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 GAURAV /57