CHANDRAPAL GOCHAR S/O BIHARILAL GOCHAR v. STATE OF RAJASTHAN
CW/4258/2026 · 2026-03-09
Ashok Kumar Jain
body2026
DailyLaw.ai
[ 2026 DAILYLAW 3580 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3580 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:9875] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4258/2026 Chandrapal Gochar S/o Biharilal Gochar, Aged About 36 Years, R/o Village Nayagon, Tehsil Nainwan, District Bundi, Rajasthan. ----Petitioner Versus
1. State Of Rajasthan, Through Its Additional Chief Secre- tary (Department Of Home), Government Of Rajasthan, Secretariat Jaipur (Rajasthan)
2. The Director General Of Police, (Headquarter), Lal Khothi, Jaipur Rajasthan
3. The Superintendent Of Police Jhalawar, District Jhalawar, Rajasthan. ----Respondents For Petitioner(s) : Mr. Sudhir Yadav For Respondent(s) : Mr. Bhuwnesh Sharma, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 09/03/2026
1. Mr. Bhuwnesh Sharma, AAG accepts notice for respondent Nos. 1 to 3.
2. Office is directed to reflect the name of Mr. Bhuwnesh Sharma, AAG as counsel for respondent Nos. 1 to 3.
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 suspension vide order dated 14.01.2025 and petitioner is entitled to reinstatement pending inquiry. He further submits that the petitioner was
[2026:RJ-JP:9875] (2 of 3) [CW-4258/2026] 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 AAG and perused the judgment as referred by learned counsel for petitioner along with material on record.
5. Present petitioner, who was appointed as Constable was suspended by the Superintendent of Police Jhalawar, District Jhalawar, Rajasthan, on 14.01.2025.
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 through E-mail, if
[2026:RJ-JP:9875] (3 of 3) [CW-4258/2026] 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 /48