Division Bench disposed appeal filed by State government challenging a writ order requiring authorities to decide a representation against suspension pending appeal on Manvendra Singh case.
Appeal and application for condonation of delay disposed of.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Spl. Appl. Writ No. 522/2021
----Appellants
Versus
Moola Ram S/o Shri Mukh Ram, Aged About 37 Years, R/o Chak 1-K.m. (A) Tehsil Gharsana, District Srigangangar (Raj.)
----Respondent
For Appellant(s)
: Mr. Manish Vyas, AAG with Mr. Kailash Choudhary.
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SANDEEP MEHTA
Order
26/10/2021
This appeal has been filed by the State Government aggrieved by the order dated 27.05.2019 passed by the learned Single Judge in Civil Writ Petition No.7199/2019. The petition of the petitioner (respondent herein) was disposed of by directing State authorities to decide the representation of the petitioner (against suspension) in light of the judgment dated 21.12.2018 passed by the learned Single Judge in case of Manvendra Singh Vs. State of Rajasthan & Ors. dated 21.12.2018 in S.B. Civil Writ Petition No.4276/2018.
Learned counsel for the appellants pointed out that the said order was passed ex-parte. In any case, the State of Rajasthan had taken case of Manvendra Singh (supra) in appeal and the
(2 of 2)
[SAW-522/2021]
Division Bench of this Court had made certain modifications by judgment dated 04.02.2020.
We may notice that there is delay in filing this appeal. However, in view of the fact that the decision of learned Single Judge in Manvendra Singh (supra) is subject-matter of appeal and the appeal is decided, it goes without saying that representation of the original petitioner is still pending with the State authorities, which had to be decided bearing in mind the observations made by the Division Bench.
With these clarifications, the appeal and the application for condonation of delay are disposed of.
(SANDEEP MEHTA),J
(AKIL KURESHI),CJ
14-a.asopa/-
1 issue framed by the court
Whether delay in filing appeal requires disposal especially when lower court order is subject matter of appeal.
Colour shows how this judgement treated each authority
Manvendra Singh Vs. State of Rajasthan & Ors.Explained¶14
Manvendra Singh Vs. State of Rajasthan & Ors.
Division Bench judgment dated 04.02.2020Relied on¶18
State Of Rajasthan
Moola Ram
Akil Kureshi
Sandeep Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
