RAKESH KUMAR GAUR S/O SHRI PRABHU DAYAL SHARMA v. STATE OF RAJASTHAN
CW/16276/2025 · 2026-02-04
Anand Sharma
body2026
DailyLaw.ai
[ 2026 DAILYLAW 19322 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 19322 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:5277] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16276/2025 Rakesh Kumar Gaur S/o Shri Prabhu Dayal Sharma, Aged About 52 Years, R/o Ward No. 34, Behind Panchayat Samiti, Bandikui, Dausa, Rajasthan. ----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Department Of Education, Government Secretariat, Jaipur, Rajasthan.
2. Director, Primary Education, Rajasthan, Bikaner.
3. District Education Officer (Primary Education), Dausa, Rajasthan.
4. Principal, Government Primary School, Band Ki Dhani, Gullana (Panchayat Samiti Bandikui) District Dausa, Rajasthan.
5. Director, Primary Education, Government Of Rajasthan, Bikaner, Rajasthan.
6. Joint Director, School Education, Jaipur Division, Jaipur, Rajasthan.
7. Chief Block Education Officer, Ramgarh Pachwara, District Dausa, Rajasthan. ----Respondents For Petitioner(s) : Mr. Himanshu Jain For Respondent(s) : Mr. Saumil Sharma for Mr. Gopap Krishan Sharma, AGC HON'BLE MR. JUSTICE ANAND SHARMA
Order 04/02/2026
1.
Learned counsel for the petitioner submits that the petitioner has been placed under the suspension vide order dated 09.09.2025 alleging a misconduct, which is not otherwise serious
[2026:RJ-JP:5277] (2 of 3) [CW-16276/2025] so as to attract the provisions of Rule 13 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958.
2.
Learned counsel for the petitioner submits that till date, even charge-sheet has not been served upon the petitioner and on the other hand, the respondents have not even reconsidered the matter of petitioner either for continuing or revoking the suspension order.
3. Reply to the writ petition has been filed by the respondents, however, in the entire reply, neither it has been stated that charge-sheet has been served upon the petitioner nor has the respondent stated anything with regard to revewing the matter of the petitioner in respect of suspension order.
4. Heard learned counsel for the parties and perused the record.
5. Hon’ble Supreme Court in the case of Ajay Kumar Choudhary Vs. Union of India through its Secretary & Anr., (2015) 7 SCC 291 has deprecated the practice of languishing the matter with regard to suspension of an employee more so, when charge-sheet has not been served upon them therefore, this Court deems it just and proper to dispose of this writ petition with directions to the respondents to review the suspension order dated 09.09.2025 and to take decision with regard to revoking the suspension order or continuing the same in the light of guidelines given by Hon’ble Supreme Court in the case of Ajay Kumar Choudhary (Supra). Necessary action shall be taken within a period of 30 days from the date of receipt of copy of this order.
[2026:RJ-JP:5277] (3 of 3) [CW-16276/2025]
6. Respondents may also consider the grievance of the petitioner with regard to granting and releasing subsistence allowance.
7. The writ petition stands disposed of accordingly.
8. Pending application(s), if any, shall stand disposed of.
(ANAND SHARMA),J NEERU /75