HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 882/2025

1. State Of Rajasthan, Through The Additional Chief Secretary, Department Of Transport And Road Safety, Govt. Of Rajasthan, Transport Bhawan, Jaipur.

2. State Of Rajasthan, Through The Transport Commissioner, Transport Department, Jaipur (Raj.).

3. Additional Commissioner, Transport And Road Safety, Transport Department, Jaipur (Raj.).

4. Joint Secretary (Administration), Department Of Personnel, Jaipur (Raj.).

----Appellants Versus Rajneesh Vidhyaarthi S/o Shri Ramsumer, Aged About 56 Years, Nagar Nigam Colony, Dushehra Maidan, Kota (Raj.).

----Respondent Connected With D.B. Spl. Appl. Writ No. 1076/2025

1. State Of Rajasthan, Through The Principal Secretary, Department Of Personnel, Government Of Rajasthan, Jaipur.

2. Joint Secretary To The Government, Department Of Personnel, Government Of Rajasthan, Jaipur.

3. Additional Transport Commissioner (Admin) And Joint Secretary To The Government, Transport And Road Safety, Transport Department, Government Of Rajasthan, Jaipur.

4. The District Transport Office, Chittorgarh.

----Appellants Versus Dayashankar Gupta S/o Shri Ghanshyam Das Gupta, Aged About 51 Years, R/o A-137, Paschim Vihar, Vaishali Nagar, Sirsi Road, Jaipur, Vaishali Nagar, Jaipur, Rajasthan, 302021.

----Respondent For Appellant(s) : Mr. Sajjan Singh Rathore, AAG assisted by Mr. Yuvraj Rathore.

Mr. Deepak Chandak for Mr. B.L. Bhati, AAG.

For Respondent(s) : Mr. Kunal Upadhyay.

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR HON'BLE MR. JUSTICE ANUROOP SINGHI

Order

19/08/2025 D.B. Spl. Appl. Writ No. 882/2025 Heard learned counsel for the parties.

The present appeal has been filed against the order dated

13.06.2025 passed by learned Single Bench in CWP No.11714/2025, whereby, the learned Single Judge has passed an interim order staying the effect and operation of the suspension order dated 04.06.2025.

Learned counsel for the appellants submits that the learned Single Judge was persuaded by the terminology of the suspension order, wherein, it has been mentioned that enquiry against the respondent-petitioner is pending consideration, but factually there was no enquiry pending against him on the date of passing the order of suspension dated 04.06.2025. Learned counsel submits that the disciplinary proceedings were not pending, rather the same were under contemplation, therefore, the appellants were well within their right to put the respondent-petitioner under suspension. Learned State counsel further submits that a preliminary enquiry was conducted in the matter and the order sheets produced before this court show that the disciplinary proceedings were under contemplation against the respondent- petitioner since 07.05.2025. It is contended that the order sheets further disclose that a decision was already taken by the Transport Department to initiate the departmental proceedings against all the erring officials. Since, the respondent-petitioner is an officer of the State Services, therefore, entire material including the order sheets and copy of the inquiry report were transmitted to the Department of Personnel vide communication dated 28.05.2025 as further orders in the case of the respondent-petitioner were required to be passed by the Department of Personnel. On the strength of the documents submitted, learned State counsel submits that the departmental enquiry against the respondent- petitioner was under contemplation and therefore, the mandate of Rule 13 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (hereinafter referred to as ‘the Rules of 1958’) stands complied with. Learned counsel submits that the learned Single Bench has not considered the arguments advanced before it. He, therefore, prays that the present appeal may be allowed and the interim order dated 13.06.2025 passed by the learned Single Bench may be quashed and set aside.

Per contra, learned counsel for the respondent-petitioner vehemently submitted that since in