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[2025:RJ-JP:43650] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9831/2025 Devendra Kumar S/o Parasram, Aged About 40 Years, R/o Village Kanwas, Tehsil Kanwas, District Kota, Rajasthan. ----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary, Local Self Government Department, Secretariat, Jaipur (Raj.)
2. Director And Secretary, Local Self Government Department, Civil Lines Phatak, Jaipur.
3. Executive Officer, Municipal Council, Bundi (Rajasthan). ----Respondents For Petitioner(s) : Mr. Sudhir Yadav For Respondent(s) : Mr. Sukraj Singh for Ms. Nitika Sud HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 30/10/2025
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 01.07.2024 (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 present case. He further submitted that placing a public servant under suspension for a longer duration is also against the public policy.
[2025:RJ-JP:43650] (2 of 2) [CW-9831/2025] He placed reliance upon circular dated 22.03.2023 issued by DOP, Government of Rajasthan.
2. Heard learned counsel for petitioner and perused the
judgment as referred by learned counsel for petitioner along with material on record.
3. Present petitioner, who was appointed as Fireman was suspended by the Executive Officer, Municipal Board, Sangod, District Kota on 01.07.2024 (Annexure 1).
4. 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 decide the representation in light of ratio laid down in above referred case and circular of DOP, but with a reasoned and speaking order within a period of 4 weeks 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 representation. If the petitioner is still aggrieved, he has right to re-approach the court with fresh petition.
5. Accordingly, the writ petition with pending application, if any, stands disposed.
(ASHOK KUMAR JAIN),J MR/265