State Of Rajasthan And Others vs Rais Mohammad

This intra court appeal has been filed by the appellants-respondents against the order of the learned Single Bench dated 02.12.2021, whereby the appellants-respondents were directed to decide the representation made by the petitioner in the light of the judgment rendered in the case of Manvendra Singh Vs. State of Rajasthan & Ors. (S.B.C.W. No.4276/2018) decided on 21.12.2018.

Shri Manish Vyas, AAG apprised the Court that the order passed by the learned Single Bench in the case of Manvendra Singh (supra) had been modified in appeal by the Division Bench of this Court in State of Rajasthan & Ors. Vs. Manvendra Singh (D.B. S.A.W. No.1111/2019) decided on 04.02.2020 at Jaipur, Bench. The relevant part of the judgment reads as under:-

“10. From bare perusal of the Rule 13 (5) of the Rules of 1958, it is manifestly clear that the power of the authority concerned to revoke the suspension order exercising his discretion is not inhibited by any conditions and the suspension order is permissible to be revoked at any time and thus, the circular issued by the State Government providing for consideration of matter of revocation of suspension order only after expiry of the stipulated time since suspension or after filing of the charge sheet cannot been forced so as to curtail the power of the competent authority to revoke the suspension order at any time for justifiable reasons. In this view of the matter, in our considered opinion, the learned Single Judge was absolutely justified in holding that executive instructions issued by the State Government by way of circulars putting fetters on an independent power of the competent authority under Rule 13 (5) and curtailing the power of appellate authority under Rule 22 of the Rules of 1958, deserves to be ignored. We are in agreement with the learned Single Judge that while exercising the power under Rule 13(5), the authority empowered was required to consider the facts and circumstances of the case, the nature of the offence alleged etc. to arrive at the conclusion as to whether the suspension deserves to be continued or the same deserves to be revoked.

11.A bare perusal of the order dated 11.11.17 reveals that the representation made by the respondent has been declined to be considered by the Superintendent of Police solely relying upon the circular dated 12.1.11 issued by the State Government. We are of the opinion that if the authority concerned has declined to exercise the power conferred under Rule 13 (5) of the Rules of 1958 influenced by the circular issued by the Government which in no manner could be construed to have curtailed the discretion vested in the authority to revoke the suspension order at any time, the matter was required to be remanded to the authority concerned for consideration afresh and the suspension order should not have been straightaway revoked by the learned Single Judge.”

In view of the above submission, it is directed that representation of the respondent-writ petitioner shall be considered and decided in the light of the judgment dated 04.02.2020 passed by this Court at Jaipur Bench in State of Rajasthan & Ors. Vs. Manvendra Singh (D.B. S.A.W. No.1111/2019), the appeal is disposed of in the above terms.

No order as to costs.