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2026 DAILYLAW 3771 (RAJ)

MORDHWAJ S/O RAMKISHOR v. STATE OF RAJASTHAN

CW/2040/2026 · 2026-02-25

Anand Sharma

Transfer Petitionbody2026

Judgment text

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[2026:RJ-JP:8709] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2040/2026 Mordhwaj S/o Ramkishor, Aged About 36 Years, R/o Village Nagla Jatmasi, Post Jatmasi, Tehsil Roopwas, District Bharatpur, Rajasthan. (Employee ID- RJDH201814022912) Presently as Senior Teacher (Hindi) at present Govt. Girls Upper Primary School, Aghapur Block Sewar, 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 Headquarter, Govt. Girls Upper Primary School, Aghapur, Block Sewar, District Bharatpur. ----Respondents For Petitioner(s) : Mr. Tanveer Ahamad, Adv. For Respondent(s) : HON'BLE MR. JUSTICE ANAND SHARMA Order 25/02/2026 1. This writ petition has been filed by the petitioner assailing the order dated 30.12.2025 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur in Appeal No.4833/2025, whereby appeal filed by the petitioner against the suspension order dated 15.10.2025 has been dismissed. [2026:RJ-JP:8709] (2 of 3) [CW-2040/2026] 2. Learned counsel submits that in exercise of powers under Rule 13 of Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958, the petitioner was placed under suspension vide order dated 15.10.2025. Despite the fact that more than 4 months have expired, till date even charge-sheet has not been issued to the petitioner. He submits that as per the judgment of Hon’ble Supreme Court in the case of Ajay Kumar Choudhary Vs. Union of India & Anr. (2015) 7 SCC 291, in the cases where charge-sheet is not issued within a period of 3 months from the date of suspension order, Hon’ble Supreme Court has directed for reviewing the suspension order, yet the respondents have not reviewed the suspension order dated 15.10.2025. 3. Learned counsel submits that the aforesaid issue was raised by the petitioner before the learned Tribunal also, however, without properly appreciating facts of the case, material on record and law prevailing at the relevant time, the Tribunal has dismissed the appeal. 4. Learned counsel makes a limited prayer that the petitioner may be allowed to file a representation in the light of judgment of Ajay Kumar Choudhary (Supra) before the respondent No.2 raising his grievances against the suspension order. 5. In view of limited prayer made by learned counsel for the petitioner, this Court deems it just and proper to dispose of the writ petition with liberty to the petitioner to make a representation before respondent No.2 against the suspension order, who shall consider and decide the same within a period of [2026:RJ-JP:8709] (3 of 3) [CW-2040/2026] 30 days from the date of receipt of representation along with certified copy of this order. 6. It is made clear that this Court has not expressed any opinion on merits of the case. 7. Pending application(s), if any, stand(s) disposed of. (ANAND SHARMA),J Jatin /8