Order

10/07/2025

1. The present petitions have been filed aggrieved of orders impugned dated 05.05.2025 (Annex.10 and 8 respectively)

whereby the petitioners have been put to suspension in contemplation of a departmental enquiry.

2. Learned counsel for the petitioners raised the following grounds:

(i) There was no application of mind by the Authority before passing the order impugned whereas as is the settled position of law, the Authority, before passing an order of suspension, is under a mandate to apply its mind on the nature of allegations etc. ( Mumtaz Ali Vs. State of Rajasthan & Ors.; S.B. Civil Writ Petition No.799/2012) decided on 27.08.2012.

(ii) The order of suspension has been passed by the Authority only at the instance of higher Authorities and no independent application of mind of the authority concerned is reflected from the order impugned. Order of suspension if passed only at the instance of higher authorities, cannot be termed to be valid and deserves to be quashed. [Mumtaz Ali (supra)].

(iii) The allegations qua the petitioners pertained to the tenure when they were posted at Setrawa, District Phalodi. On the date of suspension, they were posted at JDA, Jodhpur and