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2026 DAILYLAW 298 (RAJ)

MALKHAN SINGH S/O PATI RAM v. STATE OF RAJASTHAN

CW/1923/2026 · 2026-03-09

Ashok Kumar Jain

Transfer Petitionbody2026

Judgment text

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[2026:RJ-JP:9944] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1923/2026 Malkhan Singh S/o Pati Ram, Aged About 44 Years, R/o Village Dharampura, Post Ludhabai District Bharatpur, Rajasthan. (Em- ployee Id Rjbp201207020111) Presently As Senior Teacher (Sci- ence) At Present Govt. Girls Senior Secondary School, Belara Block Nadbai, District Bharatpur (Under Suspension). ----Petitioner Versus 1 State Of Rajasthan, Through Principal Secretary, School Education Department, Govt. Secretariat 2 The Director, Secondary Education, Rajasthan, Bikaner. 3 The Joint Director (School Education), Bharatpur Division, Bharatpur. 4 The District Education Officer, Headquarter, Secondary Education, Bharatpur. 5 The Headmaster, Govt. Girls Senior Secondary School, Bailara, Nadbai, Bharatpur. ----Respondents For Petitioner(s) : Mr. Tanveer Ahamad with Mr. Mohsin Khan For Respondent(s) : Mr. Abhishek Sharma for Mr. Manoj Sharma, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 09/03/2026 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 and Naresh Singh Vs. State of Rajasthan and Ors., S.B. Civil Writ Petition No. 1788/2024 submits that present petitioner was placed under suspension vide order dated [2026:RJ-JP:9944] (2 of 3) [CW-1923/2026] 15.10.2025 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 submitted that placing a public servant under suspension for a longer duration is also against the public policy. 2. Heard learned counsel for petitioner and perused the judgment as referred by learned counsel for petitioner along with material on record. 3. Present petitioner, who was working as Senior Teacher Gr. (Science) placed under suspension by the Joint Director, School Education, Bharatpur, vide order dated 15.10.2025. 4. The petitioner has filed appeal No. 4835/2025 before Rajasthan Civil Services Appellate Tribunal, Jaipur but same was dismissed on 30.12.2025. Now, the present petitioner is before this Court. 5. Considering the grievances raised by the petitioner, he is given a liberty to submit a representation to respondent Nos. 2 and 3 within a period of 30 days raising all grounds in light of judgment in case of Ajay Kumar Choudhary Vs. Union of India (supra) and Naresh Singh Vs. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.1788/2024 (decided on 21.02.2025 by a Coordinate Bench at Principal Seat, Jodhpur). The respondents are directed to consider the representation in light of law laid down by Hon'ble Supreme Court in case of Ajay Kumar Choudhary Vs. Union of India (supra) and a Coordinate Bench in case of Naresh Singh Vs. State of Rajasthan (supra). The representation be decided with a [2026:RJ-JP:9944] (3 of 3) [CW-1923/2026] reasoned and speaking order within a period of 30 days from date of receipt of representation. The respondents are under an obligation to communicate a copy of the decision 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 by filing a fresh petition. 6. Accordingly, the writ petition with pending application, if any, stands disposed. (ASHOK KUMAR JAIN),J MONU /34