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MAHENDAR KUMAR GOYAL
State of Rajasthan – Appellant
Versus
Ashmita (Asmita) Singh – Respondent
ORDER
1. By this writ petition, the petitioners have assailed the legality and validity of the order dated 26.10.2021 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur (for brevity, 'the learned Tribunal') whereby, the suspension order dated 04.10.2021 passed in respect of respondent no.1/appellant (for brevity, 'the appellant') has been stayed and the petitioners have been directed to let her work at her prior place of posting where she was posted by the competent authority.
2. The facts in brief are that vide order dated 04.10.2021, the appellant, a Tehsildar posted at Sanganer, District Jaipur, was placed under suspension by the District Collector, Jaipur, in contemplation of a departmental enquiry. It was directed therein that during the period of suspension, her headquarter shall remain at the Board of Revenue, Rajasthan, Ajmer (for brevity, 'the BOR')- The validity of the aforesaid order was challenged by the appellant by way of an appeal no.5142/2021 before the learned Tribunal, which has, vide order impugned dated 26.10.2021, granted ad-interim relief to her.
3. Learned counsel for the petitioners contended that order of the learned Tribunal is without jurisdic
The necessity for quasi-judicial bodies to provide reasons for their decisions and ensure fair hearing is essential to uphold the principles of natural justice.
Suspension orders must reflect independent decision-making by statutory authorities and cannot be arbitrary or merely routine; otherwise, they may violate constitutional rights.
The court ruled that suspension orders must adhere to legal standards and cannot be arbitrary, emphasizing the need for proper justification and adherence to procedural rules.
No merits - Suspension order Confirmed - Each case depends on its own facts and a close similarity between one case and another is not enough because even a single significant detail may alter entire....
Point of Law : Grounds on which petitioner has assailed the suspension order, obviously can be raised by the petitioner in appeal before the Tribunal and needless to observe that Tribunal would consi....
The court established that the suspension order extending beyond three months without serving a charge sheet was contrary to law and unjustified, constituting a failure of justice.
Suspension orders under Rule 5 of the Gujarat Civil Services Rules must be reviewed within 90 days; failure to do so invalidates the suspension.
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