HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

S.B. Civil Writ Petition No. 6340/2022

Ashish Sharma S/o Shri Gyan Shankar Sharma, age 41 Years,

R/o Sundar Niwas, Gandhi Nagar, Bhilwara.

----Petitioner

Versus

State of Rajasthan through the Commissioner, Abkari Bhawan

Panchvati, Udaipur.

----Respondent

For Petitioner(s)

:

Mr. Rakesh Arora.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

12/05/2022

It is submitted by the counsel for the petitioner that by order

dated 19.02.2021 (Annex.2) on account of registration of case

under the Prevention of Corruption (Amendment) Act, 2018 and

the fact that the petitioner was arrested, he was placed under

suspencion under Rule 13 of the Rajasthan Civil Services

(Classification, Control & Appeal) Rules, 1958 (‘Rules of 1958’).

Where after, so far the charge sheet has not been filed and various

representations made by the petitioner seeking revocation of the

suspension, have not been decided, apparently on account of the

fact that so far he has not remained under suspension for three

years.

Submissions have been made that this Court in the case of

Manvendra Singh v. State of Raj. & Ors.: SBCW No. 4276/2018,

decided on 21.12.2018 has required the respondents to take a

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[CW-6340/2022]

view under Rule 13 (5) of the Rules of 1958 regarding continued

suspension of an officer, irrespective of the pendency of the

criminal case and not to be restricted on account of Circular

requiring minimum three years’ period before review of the order.

In the over all fact circumstances of the case as projected as

well as the law laid down by this Court in the case of Manvendra

Singh (supra), the writ petition filed by the petitioner is disposed

of, the disciplinary authority is directed to decide the

representation to be made by the petitioner in light of the

judgment in the case of Manvendra Singh (supra).

The needful may be done by the respondents within a period

of four weeks from the date a copy of this order is placed by the

petitioner.

(ARUN BHANSALI),J

51-DJ/-