This court held that while suspension orders passed by the CEO based on District Establishment Committee recommendations are valid, orders failing to specify initiation or contemplation of inquiry are illegal and must be quashed.
Impugned suspension orders dated 08.07.2019 in both writ petitions are quashed. State is free to initiate disciplinary proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023:RJ-JD:21241]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
(1) S.B. Civil Writ Petition No. 12357/2019
Vikash Sharma S/o Shri Naresh Kumar Sharma, Aged About 35 Years, By Caste Sharma, R/o Ward No. 40, S.n. 06, Near Lbs School, Hanumangarh Junction, District Hanumangarh (Raj.).
----Petitioner
Versus
----Respondents
Connected With
(2) S.B. Civil Writ Petition No. 10403/2019
Ved Prakash S/o Shri Balu Ram, Aged About 36 Years, By Caste Meghwal, R/o Ward No. 14, Village Bhuhranupra, P.o. Chahuwali, P.s. Tibbi, District Hanumangarh (Raj.).
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. Jitendra Singh Bhaleria |
|---|---|
| For Respondent(s) | : Mr. G.S. Chauhan for Mr. K.K. Bissa |
(2 of 4)
[2023:RJ-JD:21241]
[CW-12357/2019]
JUSTICE DINESH MEHTA
Order
13/07/2023
[2023:RJ-JD:21241]
[CW-12357/2019]
(3 of 4)
suspension have been passed at the recommendation of the District Establishment Committe and therefore, even if the orders have been passed by the Chief Executive Officer, the same should be treated to have been passed by the District Establishment Committee.
(4 of 4)
[2023:RJ-JD:21241]
[CW-12357/2019]
(DINESH MEHTA),J
75-Mak/-
3 issues framed by the court
Whether suspension orders passed by the CEO acting on recommendations of the District Establishment Committee are valid.
Whether suspension orders complied with Rule 13 of the Rajasthan Civil Services Rules regarding initiation or contemplation of inquiry.
Whether the State is entitled to liberty to pass a fresh suspension order after dismissal of the petitions.
Colour shows how this judgement treated each authority
Karni Singh vs. State of Rajasthan & Ors.Relied on¶28
Karni Singh vs. State of Rajasthan & Ors. : S.B. Civil Writ Petition No. 18012/2019
2 provisions across 2 enactments
Vikash Sharma
Ved Prakash
State Of Rajasthan
The Chief Executive Officer, Zila Parishad Hanumangarh
The Vikash Adhikari, Panchayat Samiti Tibbi
Dinesh Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
