JODHARAM BISHNOI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the order dtd. 29/7/2022 (Annex.6), whereby, the petitioner has been placed under suspension.

(2.) Submissions have been made that by order dtd. 8/7/2022 (Annex.3), the petitioner was transferred to Banswara. Feeling aggrieved, the petitioner filed SBCWP No.10173/2022, wherein, on 15/7/2022, a Bench at Jaipur stayed the order dtd. 8/7/2022. Apparently to negate/frustrate the interim order granted by the Court at Jaipur Bench, on 29/7/2022 by indicating that as an inquiry initiated against the petitioner on 1/10/2021 (Annex.5) under Rule 17 of the Rules of 1958 is pending, he has been placed under suspension, his headquarter has been fixed at Jaisalmer and it has been directed that he would be paid his subsistence allowance from Kishangarh.

(3.) It is submitted that the action of the respondents in placing the petitioner under suspension is only with a view to frustrate the interim order granted by the Court and that the petitioner could not have been suspended for pending inquiry, which pertain to his working while he was posted at Nagaur and that also after 9 months when the petitioner had already filed his response to the charge-sheet under Rule 17 and, therefore, the order impugned deserves to be quashed and set aside.