Rocky Arora S/O Mahesh Arora Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

Rocky Arora S/O Mahesh Arora Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to submit a representation to the respondents-Authority within 30 days raising all grounds; respondents-Authority to decide the representation in light of the ratio as referred (Ajay Kumar Choudhary, AIR 2015 SC 2389) with a reasoned and speaking order within 30 days from receipt, and to communicate the decision by speed post or E-mail; petitioner free to approach the Court afresh with a fresh petition if still aggrieved.

Issue for consideration

Whether the petitioner, a Patwari suspended on 30.11.2024 by the District Collector (Land Record) without any record review of his suspension by the disciplinary authority, is entitled to reinstatement pending enquiry. +1 more

Court's answer

The petitioner is given liberty to submit a representation to the respondents-Authority within 30 days raising all grounds.

Ratio / Principle

The respondents-Authority are directed to decide the representation in light of the ratio as referred above (Ajay Kumar Choudhary, AIR 2015 SC 2389) by way of a reasoned and speaking order within 30 days from receipt of the representation.

Key takeaways

After passing the order on the representation, the respondents are obliged to communicate the decision to the petitioner by speed post or through E-mail if the petitioner provided an E-mail in the representation.ratio¶19
If still aggrieved after the decision on his representation, the petitioner has liberty to approach this Court with a fresh petition.obiter¶19

Detailed headnote1 paragraphs

S.B. Civil Writ Petition No. 15909/2025, High Court of Judicature for Rajasthan, Bench at Jaipur (Hon'ble Mr. Justice Ashok Kumar Jain), order dated 06/11/2025: Petitioner Rocky Arora, a Patwari, was suspended on 30.11.2024 by the District Collector (Land Record); the court noted there has been no record review of the suspension by the disciplinary authority. Counsel relied on Ajay Kumar Choudhary v. Union of India (AIR 2015 SC 2389), contending entitlement to reinstatement pending enquiry, that the suspension rested on false and insufficient allegations, and that prolonged suspension of a public servant is against public policy. The court did not itself adjudicate entitlement to reinstatement; it disposed of the writ petition with pending applications, granting the petitioner liberty to submit a representation within 30 days raising all grounds and directing the respondents-Authority to decide it in light of the ratio as referred, with a reasoned and speaking order within 30 days of receipt, to communicate the decision by speed post or E-mail, while preserving the petitioner's liberty to approach the Court afresh with a fresh petition if still aggrieved.

[2025:RJ-JP:44636]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 15909/2025

Rocky Arora S/o Mahesh Arora, Aged About 44 Years, R/o 2-M-5, Talwandi Sector-2, Keshavpura, Kota (Raj.)

----Petitioner

Versus

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

District Collector, Kota.

	----Respondents
For Petitioner(s)	: Mr. Dharmender Pareek
For Respondent(s)	:

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

06/11/2025

Learned counsel for petitioner while placing reliance upon judgment in case of Ajay Kumar Choudhary Vs. Union of India Through Its Secretary and Another reported as AIR 2015 SC 2389 submits that present petitioner was placed under suspension vide order dated 30.11.2024 and petitioner is entitled to reinstatement pending inquiry. He further submits that the petitioner was suspended on false allegations and the allegations are not sufficient to continue his suspension during pendency of enquiry. He further submitted that placing a public servant under suspension for a longer duration is also against the public policy.

Heard learned counsel for petitioner and perused the judgment as referred by learned counsel for petitioner along with material on record.

(2 of 2)

[2025:RJ-JP:44636]

[CW-15909/2025]

Present petitioner, Rocky Arora, Patwari was suspended on 30.11.2024 by the District Collector (Land Record), and there is no record review of his suspension by the disciplinary authority.

Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to the respondentsAuthority within a period of 30 days raising all grounds and the respondents-Authority are directed to decide the representation in light of ratio as referred hereinabove but with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After passing the order, the respondents are under an obligation to communicate the decision to the petitioner either by way of speed post or through E-mail, if petitioner has provided E-mail in his representation. If the petitioner is still aggrieved, he has a liberty to approach this Court with fresh petition.

5 Accordingly, the writ petition with pending application, if any, stands disposed.

(ASHOK KUMAR JAIN),J

MONU /99