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2026 DAILYLAW 6446 (RAJ)

DALBEER SINGH (CONSTABLE NO. 6298) S/O SHRI HARNATH SINGH v. THE STATE OF RAJASTHAN

CW/3483/2026 · 2026-03-06

Ashok Kumar Jain

body2026

Judgment text

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[2026:RJ-JP:9618] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3483/2026 Dalbeer Singh (Constable No. 6298) S/o Shri Harnath Singh, Aged About 44 Years, R/o Saagaasi, Tehsil Nawalgarh, District Jhunjhunu, Rajasthan. ----Petitioner Versus 1. The State Of Rajasthan, Through Principle Secretary, Home Department (Rajasthan). 2. Commissioner Of Police, Police Commissionerate, Government Hostel, M.I. Road, Jaipur. 3. Deputy Commissioner Of Police, Dcp Headquarters, Government Hostel, M.I. Road, Jaipur. ----Respondents For Petitioner(s) : Mr. Nakul Bansal for Mr. Kamlesh Sharma For Respondent(s) : Mr. Somitra Chaturvedi, Dy. GC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 06/03/2026 1. Issue notice to the respondents. 2. Mr. Somitra Chaturvedi, Dy. GC, accepts notice on behalf of the respondents. Office is directed to reflect his name as counsel for the respondents. Learned counsel for the petitioner is directed to supply him a copy of petition. 3. The instant writ petition is filed with following prayer:- "i) The impugned actions of the respondents in not considering the representation dated 12.12.2025 submitted to reconsider the impugned ex-parte punishment order dated 16.12.2004 may kindly be declared illegal and arbitrary and therefore same may kindly be quashed and set aside; [2026:RJ-JP:9618] (2 of 3) [CW-3483/2026] ii) The impugned ex-parte punishment order dated 16.12.2004 whereby the petitioner has been placed at a lower stage in the time scale of pay for a period of 5 years with cumulative effect may kindly be declared illegal and arbitrary and therefore same may kindly be quashed and set aside; iii) by issuing the writ of mandamus, order or direction the respondents be directed to: a. to release all the service benefits that have been withheld on account of passing of impugned ex- parte punishment order dated 16.12.2004. iv) Any other appropriate order or direction which this Hon'ble Court deems just and proper in the facts and circumstances of this case may kindly also be passed in favor of the Humble Petitioner." 4. Learned counsel for the petitioner submits that the petitioner has filed a representation to the respondents-Authority on 12.12.2025 but the same has not been considered. He also submits that the grounds as raised by the petitioner are sufficient to allow the representation as submitted by the petitioner. 5. Learned counsel appearing on behalf of the respondents submits that if the petitioner has moved any representation before the respondents-Authority, then the same will be decided by the respondents at earliest. 6. Learned counsel for the petitioner submits that with directions to the respondents to consider the grounds as mentioned in the representation at earliest, the writ petition may be disposed at this stage. 7. Having considered aforesaid and also the material placed on record, the instant writ petition is disposed with direction to the respondents-Authority to consider the representation dated 12.12.2025 (Annexure-1) as filed by the petitioner to the respondents and decide the representation in light of legal position as explained by the petitioner within a period of 30 days from the [2026:RJ-JP:9618] (3 of 3) [CW-3483/2026] date of receipt of a copy of the order. Needless to say that the representation be decided by a reasoned and speaking order and a copy of same be provided to the petitioner. The petitioner shall be at liberty to challenge the decision, if any, made by the respondents if it adversely affects the rights of the petitioner. 8. With the aforesaid, the writ petition stands disposed with pending application, if any. (ASHOK KUMAR JAIN),J MR/51