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2025 DAILYLAW 41437 (RAJ)

YOGESH VIJAY S/O SHRI DEVAKI NANDAN VIJAY v. STATE OF RAJASTHAN

CW/5106/2025 · 2025-10-09

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:41239] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5106/2025 Yogesh Vijay S/o Shri Devaki Nandan Vijay, Aged About 55 Years, R/o 5060, Shivaji Colony, Chhawani Chouraha, Tonk (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Revenue Department, Government Secretariat, Jaipur. 2. District Collector, Tonk. ----Respondents For Petitioner(s) : Mr. Dharmendra Pareek For Respondent(s) : Mr. Umesh Choudhary for Mr. V.D. Gathala, AGC 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 11.05.2023 (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 in contemplation of enquiry. He further submitted that placing a public servant under suspension for a longer duration is also against the public policy. [2025:RJ-JP:41239] (2 of 2) [CW-5106/2025] 2. Heard learned counsel for petitioner and learned AGC and perused the judgment as referred by learned counsel for petitioner along with material on record. 3. Present petitioner, who was appointed as Land Records Inspector was suspended by the District Collector (Land Record) District Tonk (Annexure 2), on 11.05.2023. 4. Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to respondent No.2 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 /79