Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 49047 (RAJ)

BHARAT HARITWAL SON OF SHRI KISHAN LAL HARITWAL v. STATE OF RAJASTHAN

CW/13404/2025 · 2025-10-06

Ashok Kumar Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:40392] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13404/2025 Bharat Haritwal Son Of Shri Kishan Lal Haritwal, Aged About 35 Years, Resident Of Ward No.14, Fatehpur Darwaje Ke Paas, Ramgarh Shekhawati, District Sikar (Raj.). ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Urban Development, Housing And Local Self Government, Secretariat, Jaipur. 2. Director And Special Secretary, Local Self Government Department, Government Of Rajasthan, Rajmahal Residency, Jaipur. ----Respondents For Petitioner(s) : Mr. Shailender Singh Balwada For Respondent(s) : HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 06/10/2025 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 02.04.2025 (Annexure-1) and even after expiry of six months from said order, no charge-sheet is served upon present petitioner and petitioner is entitled to reinstatement pending inquiry. He further placed reliance upon order dated 21.02.2025 in S.B. Civil Writ Petition No.1788/2024 titled as Naresh Sing Vs. State of Rajasthan and Ors. and 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 [2025:RJ-JP:40392] (2 of 2) [CW-13404/2025] a public servant under suspension for a longer duration is also against the public policy. 2. Heard learned counsel for petitioner and perused the judgments as referred by learned counsel for petitioner along with material on record. 3. Present petitioner, who was serving as Revenue Officer-II, presently Executive Officer, Municipal Board, Surajgarh was suspended by Director, DLB Jaipur on 02.04.2025 and period of suspension is more than 6 months from order dated 02.04.2025. 4. Considered the grievance raised herein. The petitioner is given liberty to submit a representation to respondent No.2 within a period of two weeks from now raising all grounds. The respondents are directed to consider and decide the representation with a reasoned and speaking order within a period of 4 weeks from date of receipt of representation in person or through E-mail. After passing the order, the respondents are under an obligation to communicate the order to the petitioner either by way of speed post or through E-mail, if petitioner has provided E-mail in representation. If the petitioner is still aggrieved, he has right to re-approach the court with fresh petition. 5. Accordingly, the writ petition along with pending application, if any, shall stand disposed of. (ASHOK KUMAR JAIN),J PREETI VALECHA /40