[2026:RJ-JP:6432]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14341/2025 Mahendra Kumar Son Of Shri Hanuman Prasad, Aged About 59 Years, Resident Of Ward No. 8, Khatikan Mohalla, Surajgarh, District Jhunjhunu, Rajasthan. (Employee Id- Rjjj199523011914)

----Petitioner Versus

1. State Of Rajasthan, Through Its Secretary, Department Of Personnel, Govt. Secretariat, Rajasthan, Jaipur

2. Addl. Chief Secretary, Public Health And Engineering Department, Jaipur.

3. Deputy Secretary, Personnel, (Ka-3/enquiry), Director, Animal Husbandry Department, Rajasthan, Jaipur ----Respondents Connected With S.B. Civil Writ Petition No. 13210/2025 Ram Lal Meena Son Of Shri Ram Sahay Meena, Aged About 56 Years, Resident O F B-93, Sarswati Nagar, Malviya Nagar, Jaipur.

----Petitioner Versus

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

2. Additional Chief Secretary, Public Health And Engineering Department, Government Of Rajasthan, Government Secretariat, Jaipur.

3. Deputy Secretary, Department Of Personnel (A-3/inquiries), Government Secretariat, Jaipur.

----Respondents For Petitioner(s) : Mr. Mahendra Kumar in SB CWP No.

14341/2025 Mr. Pawan Sharma with Mr. Ashok Bansal in SB CWP No.

13210/2025 For Respondent(s) : Ms. Gunjan Chawla for Mr. Neeraj Batra, GC Ms. Sneha Kaushal HON'BLE MR. JUSTICE ANAND SHARMA

Order

11/02/2026

1. Learned counsel for the petitioners have challenged the order dated 27.03.2025 passed by Deputy Secretary, Department of Personnel, Government of Rajasthan, Jaipur whereby, the petitioners were placed under suspension in contemplation of enquiry under Rule 16 of Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958.

2. Learned counsel for the petitioners would submit that, it would reveal from bare perusal of the charge-sheet that the disciplinary enquiry has been instituted against the petitioners alleging irregularities in carrying out some project while they were posted in the office of Executive Engineer Project Division Ist, Pali in the year 2022. However, at the time when suspension order dated 27.03.2025 was issued the petitioners were posted at Jhunjhunu and Sanchore City respectively, which are admittedly situated at long distance from district Pali. It is submitted that after placing the petitioners under suspension, even charge-sheet has been framed and served upon the petitioners and the petitioners have submitted their reply to the charge-sheet. Thus, under these circumstances where, definite charges have been framed by the respondents and replied by the petitioner, at this stage, when the petitioners are not posted at Pali, by no stretch of imagination, there can be any possibility of tampering with any evidence or influencing any witness by the petitioners. Learned counsel submits that even otherwise, no rational object is sought to be achieved by continuing the petitioners under suspension for uncertain period, where the Government itself is paying subsistence allowance @ 75% to the petitioners without asking them to discharge their duties in the office.

3. Learned counsel submits that the suspension order was challenged by the petitioners by way of filing appeal before the Rajasthan Civil Services Appellate Tribunal, Jaipur where split verdict has been given by the Tribunal in the ratio of 2:1 to dismiss the appeal filed by the petitioners. Learned counsel for the petitioners also relied upon the judgment of Coordinate Bench of this Court in the case of Vivek Singh Vs. State of Rajasthan & Ors. in S.B. Civil Writ Petition No. 14761/2025 decided on

05.12.2025.

4. Per contra, learned counsel for the respondents vehemently opposed the writ petition and submitted that as the petitioners were indulged in serious financial irregularities therefore, in contemplation of departmental enquiry, they were placed under suspension. It is further submitted that looking to the seriousness of