BIJENDRA KUMAR YADAV S/O SHRI KISHAN LAL v. STATE OF RAJASTHAN
CW/3742/2026 · 2026-03-30
Ashok Kumar Jain
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 3538 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3538 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:13336] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3742/2026 Bijendra Kumar Yadav S/o Shri Kishan Lal, Aged About 43 Years, R/o Village Beeran Bass, P.s. Maadan, District Kotputli-Behror, Rajasthan. At Present Apo Headquarter Keshavpatan, Earlier Posted As Patwari, Patwar Mandal, Suvaniya, Tehsil Nainwa, District Bundi (Rajasthan) ----Petitioner Versus
1. State Of Rajasthan, Through Chief Secretary, Govt. Of Rajasthan, Secretariat Building, Civil Lines, Jaipur.
2. Secretary Revenue, Secretariat, Govt. Of Rajasthan, Jaipur.
3. District Collector (Land Record), Office Of District Collector (Land Record) District Bundi.
4. Tehsildar Tehsil Nainwa, District Bundi. ----Respondents For Petitioner(s) : Mr. Dharmendra Pareek For Respondent(s) : Mr. Umesh Choudhary for Mr. V.D. Gathala, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 30/03/2026
1. Mr. Umesh Choudhary appearing on behalf of Mr. V.D. Gathala, AGC accepts notice for respondents.
2. Office is directed to reflect the name of Mr. V.D. Gathala, AGC as counsel for respondents.
3.
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
[2026:RJ-JP:13336] (2 of 3) [CW-3742/2026] suspension vide order dated 14.07.2025 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.
4. Heard learned counsel for petitioner and learned AGC and perused the judgment as referred by learned counsel for petitioner along with material on record.
5. Present petitioner, who was posted as Patwari (Patwar, Patwar Mandal, Suvaniya, Tehsil Nainwa, District Bundi, Rajasthan) was suspended by the District Collector (Land Record) Bundi, Rajasthan on 14.07.2025.
6. 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 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
[2026:RJ-JP:13336] (3 of 3) [CW-3742/2026] 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.
7. Accordingly, the writ petition with pending application, if any, stands disposed.
(ASHOK KUMAR JAIN),J GAURAV /16