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2025 DAILYLAW 50044 (RAJ)

SANDEEP KUMAR S/O DWARKA PRASAD v. STATE OF RAJASTHAN

CW/17312/2025 · 2025-11-25

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:47822] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17312/2025 Sandeep Kumar S/o Dwarka Prasad, Aged About 33 Years, R/o Village Sankhu Tehsil Laxmangarh, District Sikar, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Its Additional Chief Secretary (Department Of Home), Government Of Rajasthan, Secretariat Jaipur (Rajasthan) 2. The Director General Of Police (Headquarter), Lal Kothi, Jaipur Rajasthan. 3. The Superintendent Of Police, Jhunjhunu, District Jhunjhunu, Rajasthan. ----Respondents For Petitioner(s) : Mr. Sudhir Yadav Ms. Kiran Yadav For Respondent(s) : Mr. Bhuwnesh Sharma, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 25/11/2025 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 submits that present petitioner was placed under suspension vide order dated 16.07.2024 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 submits [2025:RJ-JP:47822] (2 of 2) [CW-17312/2025] that placing a public servant under suspension for a longer duration is also against the public policy. 2 Mr. Bhuwnesh Sharma, AAG accepts notice on behalf of the respondents. Office is directed to reflect his name 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, Head Constable No.2404 was suspended by the SP District Jhunjhunu on 16.07.2024. 5 Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to respondent within a period of two weeks from now raising all grounds. The respondents are directed to dispose of the representation with a reasoned and speaking order 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 order 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/108