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Judgment
Learned counsel for the petitioner submitted that the petitioner came to be appointed in Rajasthan Police Service and was placed under suspension by order dated 27.10.2017 during probation.
Learned counsel submitted that the petitioner filed S.B. Civil Writ Petition No.1732/2020 (Mahaveer Prasad Chotia vs. State of Rajasthan & Others) challenging the suspension order dated 27.10.2017 and this Court vide order dated 04.08.2020 disposed of the said writ petition with the direction to the petitioner to file representation before the competent Authority within a period of two weeks and as such, the representation was directed to be decided, as per law, within six weeks.
Learned counsel for the petitioner submitted that the petitioner immediately after order of this Court submitted a representation on 06.08.2020 and no order on revocation of suspension order has been passed by Department of Personnel.
Learned counsel submitted that on the contrary the impugned order dated 10.08.2020 has been passed, wherein now the petitioner is being repatriated to his previous Department i.e. Education Department to work as Principal and he has been directed to report before the Director, Secondary Education, Bikaner.
Learned counsel submitted that the Rule regarding unsatisfactory progress during probation has been amended w.e.f. 20.01.2006 and if the Appointing Authority wants to revert a person, then in such case, the probationer trainee is required to be given an opportunity before final order is passed.
Learned counsel submitted that the respondents have not afforded any opportunity to the petitioner and the impugned order has been passed on 10.08.2020 in violation of the said amended Rule carried out in the Rajasthan Police Service Rules, 1954 in existing Rule No.35.
Issue notice of the writ petition as well as stay application, returnable on 30.09.2020. Notices be given 'dasti', if prayed.
Till the next date, effect and operation of the impugned order dated 10.08.2020 shall remain stayed and petitioner will not be forced to join in the Education Department.