(1.) The instant writ petition has been filed for quashing the order dated 20.9.1996 (Annx.6), by which petitioner, an Officer of the Rajasthan Administrative Service cadre, has been put under suspension, being involved in a criminal case.
(2.) . The facts and circumstances giving rise to this case are that petitioner remained posted as the Sub-Divisional Officer cum Land Conversion Officer, Jodhpur from 12.9.91 to 31.3.1992. It transpired that during that period, seventy-eight files of his office were found missing and forty-eight files therefrom were recovered. In all those cases, orders of conversion of land from agriculture to residential had been passed on 23.11.89 by some another officer, i.e. predecessor-in-office of the petitioner. In some cases Pattas had been issued on 20.3.92 & 30.3.92, i.e. during the period when petitioner was posted there. These Pattas purported to have been signed by the petitioner. In this respect, disciplinary proceedings had been initiated against several officers/employees and criminal prosecution was also launched. In both these proceedings, it is became evident that petitioner's signatures had been forged and he was examined as a witness of the Department in the disciplinary proceedings held against certain other employees. However, on the criminal side, charges have been framed against large number of persons including petitioner vide order dated 28.8.98 and the case is pending. It is in view of pendency of the criminal proceedings that the impugned suspension order has been passed against the petitioner by the Disciplinary Authority in exercise of the powers Under Section 13 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short, "the C.C.A. Rules"). Hence this petition.
(3.) Mr. N.M. Lodha, learned counsel for petitioner, has raised large number of issues, i.e. that the petitioner had not signed any of the alleged Pattas, rather his signatures had been forged; no domestic inquiry has ever been held against him even for his negligence in that respect, rather he has been examined as a departmental witness in the inquiry against several other persons; criminal prosecution is in respect of the same incident and it has been mentioned in the order sheet by the Criminal Court that petitioner's signatures had been forged; thus, in such a fact-situation his continuation under suspension for such a long time is not justified and as the Disciplinary Authority did not consider it proper to revoke the suspension order on his representation, this, Court may quash the impugned order.
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