[2025:RJ-JP:49723]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 16675/2025

Mohammad Khursheed S/o Mohammad Hafij, Aged About 56 Years, R/o Naal Wali Gali, Suprident Sahab Ki Bawdi Road,

District Tonk, Rajasthan.

----Petitioner

Versus

1. State Of Rajasthan, Through Principal Secretary,

Secretariat, Jaipur.

2. Director, Unani Department, Aayush Bhawan, Sector-26,

Pratap Nagar, Jaipur, Rajasthan.

3. Administrative Deputy Secretary, Secretariat, Jaipur.

4. Principal Secretary, Aayush Department, Secretariat,

Jaipur.

----Respondents

For Petitioner(s) : Mr. Ravi Kant Agarwal

For Respondent(s) : Mr. Vishnu Dutt Sharma and Mr. Parth

Sharma for Mr. Bhuwnesh Sharma,

AAG

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

06/12/2025

1. Instant writ petition has been filed by the petitioner with

following prayers:

“It is, therefore, most respectfully prayed that your lordship may graciously be pleased to allow the writ petition and quashed and set-aside the order of suspension dated 19.09.2022 by which petitioner has been suspended and passed and order or directions to the respondents pay subsistence allowance since January, 2025 to the petitioner which has not been plaid during

petitioner’s suspension period.”

2. 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 19.09.2022 (Annexure 1) 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 warrant suspension in contemplation of enquiry. He further submitted that placing a public servant under suspension for a longer duration is also against the public policy. He placed reliance upon circular dated

31.07.2018 issued by DOP, Government of Rajasthan.

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

4. Present petitioner, who was working as IV-Grade employee in the Govt. Unani Hospital, Char Darwaja, Jaipur was suspended by Director, Unani Medical Department, Jaipur, Rajasthan, on

19.09.2022 (Annexure 1).

5. Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to the respondents- Authority within a period of 30 days raising all grounds and the respondents-Authority are directed to consider and decide the representation after enquiry about grievances, raised by the petitioner but with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After the decision, 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 is at liberty to approach this Court with fresh petition.

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

(ASHOK KUMAR JAIN),J GAURAV /36 Powerd by TCPDF (w.tcpdf.org)