STATE OF RAJASTHAN Vs. VIJAY SAXENA

JUDGEMENT

(1.) DELAY condoned. Leave granted.

(2.) THIS appeal, by the State of Rajasthan, is directed against order dated november 05, 2007 passed by the High Court of Judicature for Rajasthan at Jaipur. By the impugned order, while accepting the second application filed by the respondent for suspension of his conviction under Sections 302 and 323 read with 34 of the Indian penal Code (for short, IPC), the High Court has also stayed the operation of order dated September 06, 2007 passed by the Director General (Prisons), Rajasthan, terminating the services of the respondent under Rule 19 of the Rajasthan Civil services (Classification, Control and Appeal) Rules, 1958. The High Court has also directed that the respondent shall be taken back in service forthwith.

(3.) PER contra, Mr. M. R. Calla, learned senior counsel appearing on behalf of the respondent, while fairly conceding that the High Court was in error in passing the order in regard to the reinstatement of the respondent, vehemently submitted that since the order passed by the Director General, Prisons, Rajasthan in terms of Rule 19 of the aforementioned Rules without affording an opportunity of hearing to the respondent is ex facie illegal, this Court may quash the same or grant leave to the respondent to challenge the same in appropriate proceedings but in the meanwhile, the respondent may be deemed to be under suspension. In support of the submission that before imposing any penalty the disciplinary authority is required to apply its mind to the penalty which could appropriately be imposed on a delinquent employee, learned counsel has placed reliance on the decision of this Court in Shankar Dass Vs. Union of india and Anr. , 1985 (2) SCC 358.