PAWAN KUMAR S/O LATE SHRI RAMESH CHAND SRIVASTAVA v. THE STATE OF RAJASTHAN
CW/6219/2026 · 2026-04-07
Munnuri Laxman
body2026
DailyLaw.ai
[ 2026 DAILYLAW 1321 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1321 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:14384] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6219/2026 Pawan Kumar S/o Late Shri Ramesh Chand Srivastava, Aged About 52 Years, Resident Of Shastri Nagar, Sector No. 2, Dholpur. ----Petitioner Versus
1. The State Of Rajasthan, Through Commissioner-Cum- Secretary, Department Of Transport And Road Safety, Parivahan Bhawan, Sahkar Marg, Jaipur.
2. The District Transport Officer, District, Dholpur. ----Respondents For Petitioner(s) : Mr. Banwari Lal Sharma For Respondent(s) : - HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order 0 7 /04/2026
1. With the consent of learned counsel for the petitioner, the writ petition is heard on final disposal.
2. The present writ petition has been filed by the petitioner challenging his suspension order dated 24.09.2024 (Annexure-3). The suspension was made on the ground that the petitioner was deemed to be in judicial custody for more than 48 hours.
3.
Learned counsel for the petitioner submitted that the order of suspension was passed before completion of 48 hours of custody and the decision has been taken before the cause of action arose for invoking suspension.
4. The facts disclose that the petitioner was remanded to judicial custody on 23.09.2024 and he was released on bail on
27.11.2024. The only argument is that, though he was in judicial custody for more than 48 hours, the decision to suspend ought to have been exercised after completion of 48 hours. However, in the present case, the decision of suspension has been taken after 24 hours which is not in terms of the rules.
[2026:RJ-JP:14384] (2 of 2) [CW-6219/2026]
5. This argument is of technical nature.
6. The fact is that the petitioner was in judicial custody for more than 48 hours, though the order would be effective after 48 hours only and not before that. On that ground, the suspension
order cannot be interfered with. However, the petitioner was suspended on 24.09.2024 and in this regard, the criminal proceedings are still pending and it may take more time to conclude.
7. In the said circumstances, the petitioner made representations dated 03.09.2025, 17.10.2025 and 14.11.2025. Rule 13(5) of the Rajasthan Civil Service (Classification, Control & Appeal) Rules, 1958 enables the suspension authority to revoke the suspension, depending on the facts and circumstances of the case. There is a prolonged suspension in the present case. The criminal proceedings may take its own time to conclude.
8. In the said circumstances, the respondents are duty bound to reconsider the suspension order dated 24.09.2024 (Annexure- 3) by considering the facts stated in representations dated 03.09.2025, 17.10.2025 and 14.11.2025. The appropriate orders are directed to be passed within a period of one month from the date of receipt of this order.
9. With the aforesaid directions, the writ petition is disposed of.
10. All pending applications, if any, stand disposed of.
(MUNNURI LAXMAN),J 26- BhumikaP/-