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2025 DAILYLAW 47202 (RAJ)

SUBHASH SINGH SEPAT S/O SHRI SURAJMAL v. STATE OF RAJASTHAN

CW/19149/2025 · 2025-12-06

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:49726] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19149/2025 Subhash Singh Sepat S/o Shri Surajmal, Aged About 59 Years, Resident Of Village Malikpura, Kishangarh, Renwal, Jaipur (Raj.) Tehsildar (Suspended) Head Quarter, Board Of Revenue, Ajmer (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Secretary, Department Of Revenue, Secretariat, Jaipur (Raj.) 2. Chairman, Board Of Revenue, Ajmer 3. Registrar, Board Of Revenue, Ajmer. ----Respondents For Petitioner(s) : Mr. Mahesh Gupta For Respondent(s) : Mr. V.D. Gathala, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 06/12/2025 1. Instant writ petition has been filed by the petitioner with following prayers: “i) By an appropriate writ, order or direction in the nature thereof, thereby the Hon’ble Court pleased to quash the order of suspension dated 3.3.2023 and further Respondents be directed to reinstate the petitioner on the post of Tehsildar. ii) by an appropriate, writ, order or direction the nature thereof, thereby, the Hon'ble Court pleased to direct the respondents to consider the case of the petitioner for revocation of suspension under Rule-13(5) of the Rajasthan Civil Services CCA Rules, 1958 as the case of the petitioner is prolonged suspension. iii) Any other writ, order or direction which your lordships may deem fit and proper in the favour of the Petitioner may also be passed in the interest of justice.” [2025:RJ-JP:49726] (2 of 3) [CW-19149/2025] 2. 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 03.03.2023 (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. He placed reliance upon circular dated 31.07.2018 issued by DOP, Government of Rajasthan. 3. Heard learned counsel for petitioner and perused the judgment as referred by learned counsel for petitioner along with material on record. 4. Present petitioner, who was working as Tehsildar, Ajmer was suspended by the Registrar, Board of Revenue, Ajmer on 03.03.2023 (Annexure 1). 5. 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 but 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 [2025:RJ-JP:49726] (3 of 3) [CW-19149/2025] 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 /61