RAMESH CHAND JAIN Vs. STATE AND ORS.

JUDGEMENT

(1.) Counsel submits that Petitioner was placed under suspension vide order dt. 23/02/1998 (Ann.1) on account of criminal case (FIR -191/1997) being registered at PS Kotwali, Tonk for offences punishable Under Ss. 409, 467, 468, 471 IPC. He further submits that criminal case is pending trial; the learned Public Prosecutor had filed application Under Sec. 319, Code of Criminal Procedure for arraying additional accused, which was allowed by learned trial Judge on 21/04/2010; thereby de novo trial has commenced and the trial is pending at the stage of calling additional accused and since the year 1998, the trial is lingering on and may take its own course while he is facing agony of suspension for almost 12 years having rolled by now.

(2.) Counsel further submits that without examining the continuation of suspension as to whether it is required or not, the authorities are blindly invoking the circular of the State Government dt.10th August, 2001 while deciding representation/review of suspension submitted by the employee under Rule 13(5) of the Rajasthan Civil Services (CCA) Rules, 1958.

(3.) Counsel has further placed reliance on a judgment of this Court reported in Prem Prakash Mathur v/s. State of Rajasthan and Ors., 2005 (9) RDD 3962 and Vishnu Kr. Gupta v/s. State, 2009 WLC 701. Counsel submits that the Circular issued by the State Government dt.10/08/2001 will not supersede the statutory requirement which is to be complied with by the authority under Rule 13 (5) of the Rules.