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2026 Supreme(Online)(Raj) 7722

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
NUPUR BHATI
SURENDRA SINGH RATHORE SON OF SHRI INDER SINGH – Appellant
Versus
THE STATE OF RAJASTHAN – Respondent
CW / 10460 / 2025



HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4440/2026 Surendra Singh Rathore Son of Shri Inder Singh, aged about 59 years, R/o Plot No.32, Tara Nagar-A, Jhotwara, Jaipur.

----Petitioner Versus

1. The State of Rajasthan through the Chief Secretary, Government of Rajasthan, Government Secretariat, Jaipur.

2. The State of Rajasthan through Additional Chief Secretary, Rural Development Department, Government Secretariat, Jaipur.

3. The Department of Personnel, through its Secretary, Main Building, Secretariat, Jaipur.

----Respondents Connected With S.B. Civil Writ Petition No. 10460/2025 Surendra Singh Rathore ----Petitioner Versus The State of Rajasthan& Ors.

----Respondents For Petitioner(s) : Mr. Sandeep Singh Shekhawat.

Mr. Chandra Vikram Singh.

For Respondent(s) : Mr. Archit Bohra.

HON'BLE DR. JUSTICE NUPUR BHATI

Order

17/03/2026 S.B. Civil Writ Petition No.4440/2026:-

1. Learned counsel for the petitioner in the first round of litigation viz. S.B. Civil Writ Petition No.15139/2022, the petitioner had challenged the suspension order and the aforesaid writ petition came to be disposed of by a Coordinate Bench of this Court vide order dated 01.11.2022 with a direction to respondents to consider the case of the petitioner for revocation of the suspension within a period of thirty days by passing a speaking and reasoned order strictly in accordance with law.

2. Learned counsel for the petitioner further submits that even after passing of order in the first round of litigation, the petitioner again approached this Court by filing a writ petition, being SBCWP No.16809/2023: Surendra Singh Rathore vs. State of Rajasthan & Ors. He further submits that the writ petition aforesaid came to be disposed of by a Coordinate Bench of this Court vide order dated 05.02.2026 with a direction to the respondents to review the suspension order dated 01.06.2022 and to pass speaking order after taking into consideration all the circumstances within a period 15 days from the date of receipt of certified copy of the order. Learned counsel further submits that the petitioner has been placed under suspension vide order dated 07.04.2022, which was subsequently confirmed on 01.06.2022. It is submitted that the petitioner is due to superannuate on 31.03.2026, however, till date no order has been communicated to the petitioner despite the specific directions issued by the Coordinate Bench on 05.02.2026.

3. He also submits that pursuant to the FIR No.123/2022, the petitioner has been placed under suspension, however, in the said criminal case Challan has also been filed and presently, the petitioner is facing trial in the said FIR. So far as, FIR No.190/2022 is concerned, the same has been quashed by this Court and further the investigating agency has filed negative Final Report in respect to the FIR No.131/2022.

4. Learned counsel for the respondents is not in a position to dispute that so far as FIR No.123/2022 is concerned, challan has already been filed and FIR No.190/2022 has already been quashed by this Court. It is also not a matter of dispute that the investigating agency has filed negative Final Report in respect to FIR No.131/2022.

5. Counsel for the respondents submits that in compliance of the order dated 05.02.2026, the respondents have conducted the review meeting on 04.03.2026, however, the review committee has decided not to reinstate the petitioner and the matter has been recommended further to the Hon’ble the Chief Minister and till date the Authority has not passed any order whatsoever.

6. Learned counsel for the respondents has submitted that the review committee has decided not to revoke the suspension order, however, nothing has been placed on record to substantiate the same.

7. I have considered the rival submissions made by the counsel for the parties and have perused the material available on record.

8. This Court is of the view that the very purpose of reviewing the suspension stands frustrated once the petiti

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