Disposed

Makhan Lal S/O Juglal v. State of Rajasthan

Rajasthan HC1 May 2023CW/6596/2023

Case brief

AI extract

What is this about?

Single judge disposed of a writ petition challenging the suspension of a retired police officer. The court granted liberty to prefer an appeal before the Appellate Authority, mandating expedited consideration under Ajay Kumar Choudhary principles.

What did the court decide?

Disposed of with liberty to prefer appeal against suspension order; appellate authority to decide within 3 months.

Makhan Lal S/O Juglal Vs State of Rajasthan — Service and Employment | Rajasthan HC (2023)

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[2023/RJJP/008800]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 6596/2023

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Makhan Lal S/o Juglal, Aged About 50 Years, R/o Vill - Chittosa, Tehsil - Buhana, District - Jhunjhunu (Raj.) At Present Posted As Assistant Sub Inspector (Suspended) Reserve Police Line Jhunjhunu, Rajasthan

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Additional Chief Secretary (Department Of Home), Government Of Rajasthan, Secretariat Jaipur (Rajasthan)

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The Director General Of Police, (Headquarter), Lalkhothi, Jaipur Rajasthan

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Superintendent Of Police, Jhunjhunu, District Jhunjhunu (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Sudhir Yadav For Respondent(s) :

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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01/05/2023

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Instant writ petition has been filed by petitioner, assailing the suspension order dated 15.04.2020 passed by the Superintendent of Police, Jhunjhunu.

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Learned counsel for petitioner submits that the suspension order of petitioner is liable to be revoked in the light of law laid down by the Apex Court in case of Ajay Kumar Choudhary Vs. Union of India [(2015) 7 SCC 291] as also pursuant to the circular dated 22.03.2023 issued by the Department of Personnel, Government of Rajasthan.

[2023/RJJP/008800]

[CW-6596/2023]

(2 of 2)

Learned counsel for petitioner does not dispute that impugned order of suspension is appealable under Rule 22 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules 1958, hence a prayer has been made on behalf of petitioner to dispose of the present writ petition with liberty to prefer an appeal against the impugned suspension order before the Appellate Authority and to direct the Appellate Authority to consider the case of revocation of suspension of petitioner accordingly.

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In view of above, the instant writ petition is disposed of with liberty to petitioner to approach before the Appellate Authority in respect of revocation of his suspension order dated 15.04.2020.

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In case appeal is filed, it is expected that the same would be decided expeditiously within a period of three months from the date of receipt of certified copy of this Order and would be decided following the law laid down in case of Ajay Kumar Choudhary (Supra) and in pursuant to the circular dated 22.03.2023.

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Stay application and other pending application(s), if any, also stand disposed of.

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(SUDESH BANSAL),J

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SACHIN/38

Makhan Lal S/O Juglal v. State of Rajasthan

Case brief

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Makhan Lal S/O Juglal v. State of Rajasthan

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