Manoj Kumar Dhaka S/O Shri Dharam Dev … vs State Of Rajasthan (2026:Rj-Jp:17742) on 27 April, 2026

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    Rajasthan High Court – Jaipur

    Manoj Kumar Dhaka S/O Shri Dharam Dev … vs State Of Rajasthan (2026:Rj-Jp:17742) on 27 April, 2026

    [2026:RJ-JP:17742]
    
             HIGH COURT OF JUDICATURE FOR RAJASTHAN
                         BENCH AT JAIPUR
    
                     S.B. Civil Writ Petition No. 7668/2026
    
    Manoj Kumar Dhaka S/o Shri Dharam Dev Singh, Aged About 59
    Years,    11    Months     R/o.      1/392,       Rajasthan          Housing      Board,
    Jhunjhunu, Rajasthan.
                                                                              ----Petitioner
                                          Versus
    1.       State Of Rajasthan, Through Principal Secretary, School
             Education Department, Govt. Secretariat, Jaipur.
    2.       Joint Secretary Education (Gr-Ii) Department, Govt.
             Secretariat, Jaipur Rajasthan.
    3.       Director, Secondary Education Bikaner, Rajasthan.
                                                                         ----Respondents

    For Petitioner(s) : Mr. Pradeep Mathur
    For Respondent(s) :

    HON’BLE MR. JUSTICE MUNNURI LAXMAN

    Order

    27/04/2026

    1. The present writ petition has been filed challenging the

    action of the respondent No.3 in not complying the directions

    of the Appellate Tribunal constituted under Rajasthan Civil

    Services (Service Matters Appellate Tribunals) Act, 1976

    (hereinafter referred to as ‘the Act of 1976’).

    2. The grievance of the petitioner is that initially, the petitioner

    was suspended by the competent authority vide order dated

    19.05.2025 (Annex.1) and the said order has been assailed

    before the Appellate Tribunal and vide order dated

    17.11.2025 (Annex.2), the Appellate Tribunal set aside the

    impugned suspension order.

    (Uploaded on 27/04/2026 at 02:26:49 PM)
    (Downloaded on 27/04/2026 at 11:44:00 PM)
    [2026:RJ-JP:17742] (2 of 2) [CW-7668/2026]

    SPONSORED

    3. It is also his grievance that the said order of the Appellate

    Tribunal has attained finality as there is no challenge to the

    said order.

    4. This Court having gone through the Act of 1976 and rules

    framed thereunder, prima facie finds that the only recourse

    is to seek implementation of that order by invoking the

    present proceedings. When the Appellate Tribunal set aside

    the suspension order, the third respondent is duty-bound to

    comply the said order of reinstatement as there is no appeal

    against said order and, therefore, the same is an enforceable

    order. According to the petitioner the said order attained

    finality.

    5. In the said circumstances, the present writ petition is

    disposed of, directing the respondent No.3 to implement the

    order dated 17.11.2025 (Annex.2) and the decision shall be

    taken before the retirement of the petitioner.

    6. The petitioner is at liberty to communicate a copy of this

    order to the concerned department.

    7. All the pending applications, if any, shall stand disposed of.

    (MUNNURI LAXMAN),J

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