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2025 DAILYLAW 45002 (RAJ)

SATYAPRAKASH S/O DARVE SINGH v. STATE OF RAJASTHAN

CW/6591/2025 · 2025-11-14

Ashok Kumar Jain

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:46049] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6591/2025 Satyaprakash S/o Darve Singh, Aged About 27 Years, R/o Village Jaisora, Tehsil Bayna, District Bharatpur, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Its Additional Chief Secretary (Department Of Home), Government Of Rajasthan, Secretariat, Jaipur (Rajasthan) 2. The Director General Of Police, (Headquarter) Lal Kothi, Jaipur Rajasthan. 3. The Superintendent Of Police, Police District Kota City, District Kota, Rajasthan. ----Respondents For Petitioner(s) : Mr. Sudhir Yadav For Respondent(s) : Mr. Bhuwnesh Sharma, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 14/11/2025 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 23.08.2024 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 even 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:46049] (2 of 2) [CW-6591/2025] 2 Heard learned counsel for parties and perused the judgment as referred by learned counsel for petitioner along with material on record. 3 Present petitioner, who was appointed as Constable No. 2237 was suspended, when he was posted at Reserve Police Line Kota, Rajasthan by the Superintendent of Police, District Kota on 23.08.2024. 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 with a reasoned and speaking order within a period of 30 days from date of receipt of representation, in light of ratio as referred hereinabove. After the order, 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 has a liberty to approach this Court with fresh petition. 5 With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /243