PURUSHOTTAM SHARMA SON OF SHRI BHAGWAT PRASAD SHARMA v. THE STATE OF RAJASTHAN
CW/14326/2025 · 2025-10-15
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45143 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45143 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:42176] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14326/2025 Purushottam Sharma Son Of Shri Bhagwat Prasad Sharma, Aged About 48 Years, R/o Flat No. 401, Plot No. 157, Ramgali No. 3, Raja Park, Jaipur ----Petitioner Versus
1. The State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Govt. Of Rajasthan, Government Secretariat, Jaipur.
2. The Director (Non-Gazetted), Medical And Health Department, Rajasthan, Jaipur.
3. Registrar, Rajasthan Nursing Council, B-39 Sardar Patel Marg, C-Scheme, Jaipur.
4. Principal, Government College Of Nursing, Jawahar Lal Nehru Marg, Sms Hospital, Near Charak Bhawan, Jaipur. ----Respondents For Petitioner(s) : Mr. Pradeep Mathur For Respondent(s) : Mr. Pulkit Bhardwaj for Mr. Vigyan Shah, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 15/10/2025
1. Instant writ petition has been preferred by following prayer; i) By an appropriate writ, order or direction in the nature thereof thereby, order dated 29.08.2025 (annexure-1) may kindly be quashed and set aside and respondents may kindly be directed to allow the petitioner on the post of Nursing Tutor on the previous place of posting.
[2025:RJ-JP:42176] (2 of 3) [CW-14326/2025] ii) Pass any other appropriate order which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of, the case in favour of the Petitioner.
2.
Learned counsel for petitioner placing reliance upon
judgment in case of Naresh Singh Vs. State of Rajasthan 2025 Supreme (Raj.) 1165 decided by a Coordinate Bench at Principal Seat, Jodhpur submits that the petitioner was placed under suspension vide order dated 29.08.2025 in contemplation of an enquiry and now the report of enquiry has been submitted, wherein the charges levelled against the petitioner were found baseless and he was completely exonerated by the enquiry panel. He submits that now there is no ground to continue to place present petitioner under suspension and same is against the public policy.
3.
Learned counsel for respondents undertake that in case, petitioner submits that a representation, the Department will consider and decide the same within the time frame prescribed by this Hon’ble Court.
4. Having considered submission and also taking note of the
judgment as referred by learned counsel for petitioner, the writ petition is disposed of with liberty to the petitioner to submit a representation to respondent No.2 within a period of four weeks. In case, representation is submitted, respondent No.2 is directed to decide the same within two weeks from date of receipt of representation in light of judgment as referred by learned counsel for petitioner during course of arguments. A copy of decision by respondent No.2 be communicated by speed post or by E-mail to
[2025:RJ-JP:42176] (3 of 3) [CW-14326/2025] the petitioner, if he has provided E-mail in his representation. The petitioner is at liberty to re-approach the Court with fresh petition, in case, he is still aggrieved from the decision taken by respondent No.2.
5. Accordingly, instant writ petition with pending application, if any, stands disposed of.
(ASHOK KUMAR JAIN),J GAURAV /191-S