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[2026:RJ-JD:22442]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 21163/2025

Lal Singh Chouhan S/o Laxman Singh Chouhan, Aged About 58

Years, Prithvi Raj Nagar, Udaipur Road, District Banswara,

Rajasthan.

----Petitioner

Versus

1. State Of Rajasthan, Through Secretary, Department Of

Rural Development And Panchayati Raj, Government Of

Rajasthan, Secretariat, Jaipur.

2. The Secretary, Department Of Education, Government Of

Rajasthan, Secretariat, Jaipur.

3. The Chief Executive Officer, Zila Pairshad, Banswara.

4. The Vikas Adhikari, Panchayat Samiti Ghatol, District

Banswara.

5. The District Education Officer (Headquarters), Elementary

Education, District Banswara.

----Respondents

For Petitioner(s) : Mr. Lokesh Mathur

For Respondent(s) : Mr. Kamlesh Sharma

Mr Nilesh Choudhary for

Mr. Kuldeep Vaishnav

HON'BLE MR. JUSTICE FARJAND ALI

Order

R eportable-

DATE OF CONCLUSION OF ARGUMENTS 23/03/2026

DATE ON WHICH ORDER IS RESERVED 23/03/2026

FULL ORDER OR OPERATIVE PART Full Order

DATE OF PRONOUNCEMENT 12/05/2026

BY THE COURT:-

1. By way of the instant writ petition, the petitioner has invoked

the extraordinary writ jurisdiction of this Court under Article 226

of the Constitution of India assailing the legality, propriety and

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validity of the order dated 23.09.2025 passed by the District

Education Officer (Headquarters), Elementary Education,

Banswara, whereby the petitioner has been placed under

suspension while serving on the post of Teacher Grade-III (Level-

I).

1.1. The petitioner has further challenged the memorandum of

charge-sheet of even date, alleging misconduct on the premise

that certain comments purportedly made by the petitioner on

social media were allegedly against the concerned Minister and

were stated to be in bad taste, thereby allegedly tarnishing the

image of the department and the Minister concerned.

2. Briefly stated, the facts necessary for adjudication of the

present controversy are that pursuant to the meeting of the

District Establishment Committee held on 29.05.2003, the

petitioner came to be duly selected and appointed on the post of

Teacher Grade-III and was initially allotted Panchayat Samiti

Peepal Khunt. Thereafter, vide order dated 08.07.2003 issued by

the Chief Executive Officer, Zila Parishad, Banswara, the petitioner

was allotted Panchayat Samiti Ghatol, District Banswara.

2.1. Subsequently, vide order dated 14.07.2003 issued by the

Additional Vikas Adhikari, Elementary Education, Panchayat Samiti

Ghatol, posting orders were issued in favour of the petitioner and

since then the petitioner has been continuously discharging his

duties. While the petitioner was serving on the aforesaid post, the

impugned order dated 23.09.2025 came to be passed by the

District Education Officer (Headquarters), Elementary Education,

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Banswara placing the petitioner under suspension. The said order,

conspicuously, neither refers to any statutory provision under

which such power has been exercised nor records any satisfaction

contemplated under law warranting suspension.

2.2. It is further borne from the record that on the very same

date i.e. 23.09.2025, a memorandum of charge-sheet was issued

to the petitioner alleging that certain comments made on

WhatsApp/social media by the petitioner were inappropriate and

had allegedly caused embarrassment to the department and

attempted to tarnish the image of the concerned Minister. Being

aggrieved by the aforesaid order of suspension, the petitioner has

approached this Court by way of the present writ petition.

3. Learned counsel for the petitioner vehemently contended

that the impugned order of suspension is ex facie arbitrary, dehors

the statutory framework and wholly without jurisdiction. It was

argued that under Rule 13 of the Rajasthan Civil Servic