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2025 DAILYLAW 43895 (RAJ)

PRASHANT KUMAR MEENA S/O RATAN SINGH MEENA v. THE STATE OF RAJASTHAN

CW/19782/2025 · 2025-12-17

Ashok Kumar Jain

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Judgment text

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[2025:RJ-JP:51151] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19782/2025 Prashant Kumar Meena S/o Ratan Singh Meena, Aged About 25 Years, Resident Of Mothiyapura, Post And Tehsil Sarmathura, District Dholpur (Raj.) ----Petitioner Versus 1. The State Of Rajasthan, Through Secretary Home Affairs Department, Secretariat, Jaipur. (Raj.) 2. The Superintend Of Police, District Dholpur. (Raj.) ----Respondents For Petitioner(s) : Mr. Deepak Khandelwal For Respondent(s) : Mr. Parth Sharma for Mr. Bhuwnesh Sharma, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 17/12/2025 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 09.01.2025 (Annexure 1) 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:51151] (2 of 2) [CW-19782/2025] 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 working as Constable was suspended by the Superintendent of Police, Dholpur Rajasthan on 09.01.2025 (Annexure-1). 4. Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to the respondents- Authority within a period of 30 days raising all grounds and the respondents-Authority are directed to consider and decide the representation after enquiry about grievances, raised by the petitioner in light of ratio laid down in case of Ajay Kumar (supra) but in case of deviation with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After the decision, the respondents are under an obligation to communicate the decision 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 is at liberty to approach this Court with fresh petition. 5. Accordingly, the writ petition with pending application, if any, stands disposed. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /140