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[2026:RJ-JP:9983] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3763/2026 Abhijit S/o Ajay Kumar Singh, Aged About 38 Years, Force No. 110400826, Resident Of Vpo Ghoshrama, P.S. Hayaghat, District Darbhanga, Bihar. Presently Posted As Sub-Inspector/executive, Cisf Rtc Deoli, District Tonk, Rajasthan. ----Petitioner Versus
1. Union Of India, Through Secretary, Ministry Of Home Affairs, North Block, Central Secretariat, New Delhi -
110001.
2. Director General, Central Industrial Security Force (Cisf), Cisf Headquarters, Cgo Complex, Lodhi Road New Delhi -
110003.
3. Inspector General / Training Sector, Cisf Force Headquarters, Cgo Complex, Lodhi Road, New Delhi-
110003.
4. Deputy Inspector General, Cisf Rtc Deoli Recruit Training Centre, Cisf, Deoli, District Tonk, Rajasthan - 304804.
5. Central Bureau Of Investigation (Cbi), Through Superintendent Of Police, Cbi/anti-Corruption Branch, Kendriya Sadan, Block C, Sector-10, Vidhyadhar Nagar, Jaipur, Rajasthan - 302039. ----Respondents For Petitioner(s) : Mr. Navdeep Singh Ms. Bhuvaneshwari Ms. Karishma Pareek Mr. Sanjay Singh Siradhana Mr. Manoj Kumar Sharma For Respondent(s) : Mr. Sanjay Mishra HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 09/03/2026
1. The instant writ petition is filed by the petitioner with following prayer:-
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“I. Issue an appropriate writ, order or direction thereby quashing and setting aside the impugned
order dated 08.12.2025 passed by the Appellate Authority to the extent it directs conduct of de-novo departmental enquiry during pendency of criminal trial, and consequently quash all consequential proceedings initiated pursuant thereto, including orders dated 16.02.2026. II. Issue an appropriate writ, order or direction thereby directing the respondents to review and revoke the continued suspension of the petitioner in accordance with law. III. Pass any other appropriate order or direction which this Hon’ble Court deem just and proper in the facts and circumstances of the case.”
2.
Learned counsel appearing on behalf of the respondents has apprised the Court that after termination order passed by the disciplinary authority, the appellate authority has set aside the termination order and directed de-novo inquiry, which is in progress. He further submits that as per the direction of the appellate authority, the petitioner has been reinstated in the service.
3.
Learned counsel for the petitioner submits that after reinstatement, the petitioner is continued as under suspension, as the CBI has filed a charge-sheet. He further submits that as a matter of public policy, a Government servant should not be placed under suspension for longer period. He further placed reliance upon judgments 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 (Decided on 21.02.2025 by a Co-ordinate Bench at Principal Seat, Jodhpur)
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4.
Learned counsel for the respondent Nos.1 to 4 submits that the petitioner may submit a representation in light of the aforesaid judgments and the same shall be considered by them.
5. Having considered the submissions of learned counsel for the parties and also the material placed on record, the writ petition is
disposed at this stage with liberty to the petitioner to submit a representation to the respondents within a period of 30 days to grievance about the order of suspension and continuation thereafter by the respondents (disciplinary authority), in light of the judgments in case of Ajay Kumar Choudhary Vs. Union of India Through Its Secretary and Another (supra) and Naresh Singh Vs. State of Rajasthan and Ors. (supra). The respondents are directed to consider the case of the present petitioner and decide the representation with a reasoned and speaking order within a period of 60 days from the date of receipt of representation. After the decision, the respondents are under an obligation to communicate 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 is at liberty to approach this Court with fresh petition.
6. Accordingly, the writ petition with pending application, if any, stands disposed.
(ASHOK KUMAR JAIN),J MR/40