BHAWANI SHANKER VYAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the order dtd. 31/10/2022 (Annex. 6) by which the petitioner has been placed under suspension.

(2.) The petitioner was working on the post of Executive Officer, Municipal Board, Sri Dungargarh. It is, inter-alia, indicated that by order dtd. 20/10/2022 (Annex. 1) the petitioner was placed Awaiting Posting Order ('APO'), on 21/10/2022 the order was stayed by this court in second stay petition filed by the petitioner in SBCWP No. 6185/2020. Whereafter, the petitioner was transferred to Municipal Board, Bayana on 27/10/2022. On 31/10/2022 the petitioner, who was performing his duties as Executive Officer, was severally manhandled by the officer, who was posted in place of petitioner when the petitioner was placed APO alongwith his team of supporters, regarding which the petitioner lodged an FIR.

(3.) As a result, by way of a wholly malafide exercise of powers by making reference to Rule 13 (1) of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 ('Rules of 1958'), the impugned order dtd. 31/10/2022 (Annex. 6) has been passed placing the petitioner under suspension.