Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 48069 (RAJ)

RAM TOFAN MUNDOTIYA SON OF SHRI PRABHAT RAM MUNDOTIYA v. STATE OF RAJASTHAN

CW/14935/2025 · 2025-11-21

Ashok Kumar Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:48318] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14935/2025 Ram Tofan Mundotiya Son Of Shri Prabhat Ram Mundotiya, Resident Of A/72 Road No. 5 Vki Near Shyam Mandir Shyam Mitra Mandal Murlipura Jaipur (Rajasthan) 303328 ----Petitioner Versus 1. State Of Rajasthan, Principal Secretary, Department Of Finance, Government Of Rajasthan, Having Office At Secretariat, Jaipur, Rajasthan. 2. Director, Department Of Treasuries And Accounts, Government Of Rajasthan, Having Its Office At Vitt Bhawan, A-Block, Janpath, Jaipur - 302005, Rajasthan. 3. Secretary, Jaipur Development Authority, Jln Marg, Jaipur - 302004 ----Respondents For Petitioner(s) : Mr. Yojan Sharma For Respondent(s) : Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 27/11/2025 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 and S.B. Civil Writ Petition No.15905/2024 (Dinesh Kumar Soni Vs. The State of Rajasthan and Ors.) submits that present petitioner was placed under suspension vide order dated 15.02.2022 (Annexure 3) 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 [2025:RJ-JP:48318] (2 of 2) [CW-14935/2025] 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. 2. Mr. Archit Bohra, AGC accepts notice. Office is directed to reflect his name in the cause list as counsel for the respondents. 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 appointed as Junior Accountant (Probationar Trainee) was suspended on 15.02.2022 (Annexure- 3). 5. Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to respondent within a period of four weeks raising all grounds. The respondents are directed to dispose of the representation with a reasoned and speaking order in light of ratio laid down in cases referred hereinabove and also circular of DOP but 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 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 right to re-approach the court with fresh petition. 6. Accordingly, the writ petition with pending application, if any, stands disposed. (ASHOK KUMAR JAIN),J MR/97