[2026:RJ-JP:29157] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13181/2026 CNR: RJHC020694292026 | URN: CW / 28886U / 2026 Surendra Kumar Bairwa S/o Shri Gopal Lal Tatiwal, Aged About 38 Years, R/o 540, Vatika Road, Dairya Yojana, Po- Dadiya, District Jaipur (Raj). ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Department Of Revenue, Government Secretariat, Jaipur. 2. District Collector, (Land Record) Tonk. ----Respondents For Petitioner(s) : Mr. Dharmendra Pareek For Respondent(s) : Mr. Manoj Kumar for Mr. G.S. Gill, AAG HON'BLE MS. JUSTICE REKHA BORANA Order 28/07/2026 1. Counsel for the petitioner submits that vide order dated 11.07.2025 (Annexure-2), the petitioner was suspended on the sole count of prosecution sanction having been granted against him. 2. Counsel for the petitioner submits that it has been a year since the petitioner was suspended and till date no charge-sheet initiating disciplinary proceedings has been served on him. While relying upon the ratio laid down by Hon'ble the Apex Court in Ajay kumar Choudhary Vs. Union of India; (2015) 7 SCC 291, counsel submits that the prolonged suspension of the petitioner deserves reconsideration. [2026:RJ-JP:29157] (2 of 3) [CW-13181/2026] 3. In Ajay Kumar Choudhary (supra), the Hon'ble Apex Court held as under: "21. We, therefore, direct that the currency of a suspension order should not extend beyond three months if within this period the memorandum of charges/charge-sheet is not served on the delinquent officer/employee; if the memorandum of charges/charge-sheet is served, a reasoned order must be passed for the extension of the suspension. As in the case in hand, the Government is free to transfer the person concerned to any department in any of its offices within or outside the State so as to sever any local or personal contact that he may have and which he may misuse for obstructing the investigation against him. The Government may also prohibit him from contacting any person, or handling records and documents till the stage of his having to prepare his defence. We think this will adequately safeguard the universally recognised principle of human dignity and the right to a speedy trial and shall also preserve the interest of the Government in the prosecution. We recognise that the previous Constitution Benches have been reluctant to quash proceedings on the grounds of delay, and to set time-limits to their duration. However, the imposition of a limit on the period of suspension has not been discussed in prior case law, and would not be contrary to the interests of justice. Furthermore, the direction of the Central Vigilance Commission that pending a criminal investigation, departmental proceedings are to be held in abeyance stands superseded in view of the stand adopted by us." [2026:RJ-JP:29157] (3 of 3) [CW-13181/2026] 4. In view of the submissions made and in view of the ratio laid down in Ajay Kumar Choudhary (supra), the present writ petition is disposed of with a direction to the respondent Authorities to place the matter of the petitioner before a Competent Committee in the next meeting whenever scheduled. The Committee shall be under an obligation to take a decision on the prolonged suspension of the petitioner while keeping into consideration the ratio laid down in Ajay Kumar Choudhary (supra). 5. Stay petition and all pending application(s), if any, also stand disposed of. (REKHA BORANA),J 77/ANMOL