Disposed

Aas Mohammed Son of Late Shri Chander Khan v. the State of Rajasthan

Rajasthan HC18 Nov 2020CW/2828/2020

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition concerning a suspension order by applying the law laid down in D.B. SAW No.1111/2019 and a Coordinate Bench judgment, granting liberty to the petitioner to file a representation before the competent authority within two weeks. The authority was directed to decide it within five weeks or by December 2020.

What did the court decide?

Liberty to file a representation within two weeks; direction to the competent authority to decide it within five weeks or by December 2020.

Aas Mohammed Son of Late Shri Chander Khan… — Pension and Retirement Benefits | Rajasthan HC (2020)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Writ Petition No.2828/2020

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Aas Mohammed Son Of Late Shri Chander Khan, Aged About 59 Years, Resident Of 13, Ashok Colony, Near Apex Hospital, Malviya Nagar, Jaipur.

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----Petitioner

¶5

Versus

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The State Of Rajasthan, Through The Principal Secretary, Department Of Personnel, Government Secretariat, Jaipur.

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The Deputy Secretary, Department Of Personnel (K-3/inquiry), Government Of Rajasthan, Secretariat, Jaipur.

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The Joint Secretary, Police, Home (Group-I) Department, Government Of Rajasthan, Secretariat, Jaipur.

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The Director General Of Police, Police Headquarters, Lal Kothi, Jaipur.

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----Respondents

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For Petitioner(s)	: Mr. SandeepSingh Shekhawat
For Respondent(s)	: Mr. Satyendra Meena for Mr. K.S. Chandel
	Mr. Pushpendra Singh Naruka for
	Mr. Rupin Kala,GC

¶12

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

18/11/2020

Issue notice.

Mr. Pushpendra Singh Naruka, Advocate, accepts notice on behalf of all the respondents.

¶17

Both counsel are agreed that present petition can be disposed of in terms of the order passed by the Coordinate Bench of this Court in SBCWP No.3768/2020 (Suresh Kumar Vs. State of Rajasthan & Anr.).

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(2 of 2)

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[CW-2828/2020]

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Accordingly, the present writ petition is disposed of in the same terms as under:-

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“Learned counsel for the petitioner submitted that this petition can be disposed of by this Court in view of the judgment passed by the Division Bench in D.B. SAW No.1111/2019 (State of Rajasthan & Ors. vs. Manvendra Singh) wherein law has been laid down that the order of suspension can be reconsidered by the Authority under Rule 13(5) of the Rules of 1958.

¶22

Learned counsel Mr.P. S. Naruka, appearing for the respondents, submits that the petitioner is required to approach the Authority and the impugned suspension order may not be decided by this Court.

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This Court considering the law laid down by the Division Bench in the case of State of Rajasthan & Ors. vs. Manvendra Singh (supra), disposes of the present writ petition by giving liberty to the petitioner to file a comprehensive/detailed representation before the competent authority within a period of two weeks and the competent authority is also directed to decide the representation in expeditious manner but in no case, later than five weeks from the date of filing of representation.”

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It is further made clear that as the petitioner is going to retire in December, 2020, therefore, his representation may be decided not later than the month of December, 2020.

¶25

(SANJEEV PRAKASH SHARMA),J

¶26

Karan Bhutani /531/33

Aas Mohammed Son of Late Shri Chander Khan v. the State of Rajasthan

Case brief

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Aas Mohammed Son of Late Shri Chander Khan v. the State of Rajasthan

Case brief

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What the court decided

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