Dismissed

Dr. Satyendra Singh Norawat S/O Gulab Singh v. State of Rajasthan

Rajasthan HC17 May 2023CW/7565/2023

Case brief

AI extract

What is this about?

The petitioner challenged his suspension order following prosecution sanction. The court held that an appeal before the Appellate Service Tribunal is maintainable. Consequently, not inclining to entertain the writ petition on merits and dismissing it to avail the alternative remedy.

What did the court decide?

Writ petition disposed of to avail alternative remedy before Appellate Service Tribunal.

Dr. Satyendra Singh Norawat S/O Gulab… — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023/RJJP/011152]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 7565/2023

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Dr. Satyendra Singh Norawat S/o Gulab Singh, Aged About 45 Years, Resident Of 150-B, Talwandi, District Kota (Raj).

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----Petitioner

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Versus

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1. State Of Rajasthan, Through Secretary, Department Of Medical, Health And Family Welfare, Government Of Rajasthan, Secretariat, Jaipur.

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Director, Directorate Of Medical And Health Services (Public Health), Rajasthan, Jaipur.

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Secretary, Department Of Personnel (K-3 / Complaint), Government Of Rajasthan, Secretariat Premises, Jaipur.

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Chief Medical And Health Officer, Jhalawar, District Jhalawar.

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Community Health Centre, Through Its Officer In Charge, Having Its Office At Aklera, District Jhalawar (Raj.).

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----Respondents

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For Petitioner(s) : Mr. Manas Ranchhor Khatri through VC Ms. Vartika Mehra For Respondent(s) :

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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17/05/2023

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It has been submitted that petitioner has been suspended vide order dated 08.02.2023 from the post of Medical Officer on account of his preliminary involvement and grant of prosecution sanction in respect of criminal case No.102/2020 registered under Section 167, 195 and 120B IPC.

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Counsel for petitioner submits that the suspension of petitioner on account of grant of prosecution sanction is arbitrary and illegal and has been disapproved by this Court at Principal Seat Jodhpur in case of Om Prakash Pandiya Vs. The State of

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Rajasthan [2015 3 RLW (Raj.) 2228] .

(2 of 2)

[2023/RJJP/011152]

[CW-7565/2023]

In case of Jahangir Ali Khan Vs. State of Rajasthan: D.B.

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Special Appeal (Writ) No.662/2022 decided on 25.5.2022, the Division Bench of this Court has observed that against the suspension order, appeal before the Appellate Service Tribunal is maintainable in view of Section 2(f)(V) of the Rajasthan Civil Services (Service Matters Appellate Tribunals) Act, 1976.

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It is not in dispute that petitioner has not availed the statutory remedy of appeal before the Tribunal and filed the instant writ petition.

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In view of judgment of Jahangir Ali Khan (supra), this Court is not inclined to entertain the writ petition against the suspension order on merits at this stage, however, relegates the petitioner to avail the alternative remedy of appeal before the Tribunal, if he so chooses.

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In view of above, the writ petition stands disposed of.

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Stay application and other pending application(s), if any, also

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stand disposed of.

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(SUDESH BANSAL),J

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NITIN /30

Dr. Satyendra Singh Norawat S/O Gulab Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dr. Satyendra Singh Norawat S/O Gulab Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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