RADHAKISHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Brief facts necessary for adjudication of present writ petition are that the petitioner while holding the post of Police Sub- Inspector was placed under suspension, vide order dtd. 21/1/2018, passed by the Superintendent of Police, Nagaur, exercising powers conferred upon him by virtue of Rule 13 of Rajasthan Civil Services (Classification, Control & Appeal) 1958 (hereinafter referred to as 'CC&A Rules of 1958').

(2.) The petitioner being aggrieved by the order dtd. 21/1/2018 filed writ petition before this Court being S.B. C.W. No.5127/2020 (Radhakishan v. State of Raj. and Ors.). A co- ordinate Bench of this Court vide order dtd. 24/7/2020, disposed of the writ petition directing the disciplinary authority to decide the representation made by the petitioner in light of judgment rendered in the case of Manvendra Singh v. State of Rajasthan and Ors.: S.B. C.W. No. 4276/2018 at Jaipur Bench.

(3.) The disciplinary authority pursuant to order dtd. 24/7/2020, considered and rejected the representation filed by the petitioner on two counts: firstly, the question regarding revocation of suspension can be examined only after expiry of three years from the date of suspension, as per Circular dtd. 12/1/2011, issued by the Department of Personnel; Secondly, an FIR has been filed against petitioner at P.S., Surpalia for offences punishable under Sec. 306 IPC and 3(1)(p)3(2)(V) of SC/ST Atrocities Act, wherein challan has been filed against petitioner. It was further stated in the order dtd. 31/7/2020 that the reinstatement of petitioner would be detrimental to the interest of the disciplined police force.