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2025 DAILYLAW 49782 (RAJ)

BHAWANI SHANKAR S/O SHRI GOPAL LAL v. STATE OF RAJASTHAN

CW/16785/2024 · 2025-11-19

Ashok Kumar Jain

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Judgment text

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[2025:RJ-JP:47279] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16785/2024 Bhawani Shankar S/o Shri Gopal Lal, Aged About 52 Years, Resident Of P.no. 36, Devli Arab Road, Salasar Dham, Borkheda, Kota, At Present Posted As Head Constable Driver No. 776, Police Line, District Kota Rural. ----Petitioner Versus 1. State Of Rajasthan, Through The Additional Chief Secretary, Department Of Home, Secretariat, Jaipur, Rajasthan. 2. The Director General Of Police Rajasthan, Jaipur. 3. The Superintendent Of Police, District Kota, Rural. ----Respondents Connected With S.B. Civil Writ Petition No. 16782/2024 Hariraj Singh S/o Shri Shivraj Singh, Aged About 45 Years, R/o 94, Adarsh Nagar, Devli Arab Road, Thekra, Borkhera, Kota, At Present Posted As Constable No. 61, Office Of Superintendent Of Police, District Kota Rural. ----Petitioner Versus 1. State Of Rajasthan, Through The Additional Chief Secretary, Department Of Home, Secretariat, Jaipur, Rajasthan. 2. The Director General Of Police, Rajasthan, Jaipur. 3. The Superintendent Of Police, District Kota Rural. 4. The Additional Superintendent Of Police, District Jhalawar. ----Respondents For Petitioner(s) : Mr. Ram Kumar Swami For Respondent(s) : Mr. Somitra Chaturvedi, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 19/11/2025 1. The controversy in these writ petitions is denial of grant of ACP on ground of penalty of censure, awarded to the petitioner(s). [2025:RJ-JP:47279] (2 of 2) [CW-16785/2024] 2. Learned counsel for petitioner(s) while placing reliance upon judgment in case of Raghuveer Singh Vs. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.20358/2018 submits that penalty of censure does not come in the way while consideration of candidature for grant of ACP to the petitioner(s) by the respondents. He also placed reliance upon order dated 30.08.2024 in S.B. Civil Writ Petition No.2/2018 : Bhanwar Singh Jakhad Vs. State of Rajasthan and Ors. decided by a Co- ordinate Bench at Principal Seat, Jodhpur. 3. Learned AGC candidly admits the case of present petitioner(s) is squarely covered with judgment in case of Raghuveer Singh Vs. State (supra) and he submits that he has no objection in case, a direction is passed for consideration of case of petitioner(s) based on ratio in said judgment for grant of ACP to the petitioner(s). 4. Having considered submission of learned counsel for the parties, and also on perusal of judgment in case of Raghuveer Singh Vs. State (supra) and Bhanwar Singh Jakhad Vs. State of Rajasthan and Ors., the respondents are directed to consider case of grant of ACP to the petitioner(s) in light of judgment as referred hereinabove. Needless to say that compliance has to be made within 60 days from date of receipt of copy of the order. 5. With aforesaid, these writ petitions and misc. application, if any, stand disposed of. (ASHOK KUMAR JAIN),J MR/121-122