(1.) This intra court appeal is directed against judgment dated 21.12.18 passed by the learned Single Judge of this Court, whereby the writ petition preferred by the respondent assailing the legality of order dated 17.7.17 issued by the Superintendent of Police, District Sawai Madhopur, placing him under suspension in exercise of the power conferred under Rule 13 of Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (for short "the Rules of 1958"), has been allowed and the suspension order has been revoked. Further directions are issued that the respondent shall be posted at a place where he would not be having any public dealings and would not be in position to affect in any manner the witnesses in the criminal case and if so required, he may be posted in the district other than Sawai Madhopur under the same Range.
(2.) The present appeal reported to be barred by limitation for 131 days, is accompanied by an application under Section 5 of the Limitation Act. Having heard the learned counsel for the parties, we are satisfied that the appellants were prevented from filing the appeal within limitation for sufficient cause. Accordingly, the application under Section 5 of the Limitation Act is allowed.
(3.) The respondent has preferred an application for vacation of the interim order passed by this Court. However, with the consent of learned counsel for the parties, the matter is finally heard at this stage.