RAMESHWAR SINGH Vs. STATE OF RAJ. AND ORS.

JUDGEMENT

(1.) Counsel submits that Petitioner while holding the post of Constable was placed under suspension vide order dt.08.12.1999 on account of criminal case being registered against him under the provisions of Prevention of Corruption Act and at the same time the suspension order was revoked on four different occasions vide orders dt.25.01.2000, 14.08.2000 and 13.08.05. However, again the Petitioner was placed under suspension on 20.08.05 (Annx.9) and since then he is continuously under suspension and after charge being framed, matter is pending for recording prosecution evidence and trial will take its own time and virtually he is facing agony of suspension for almost 12 years by now. Counsel submits that action of the Respondents is wholly without application of mind and after he being reinstated on four different occasions there was no justification available to again place him under suspension in August, 05 and even thereafter almost more than five years have rolled by now and he is facing agony of suspension.

(2.) He 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 (CC and A) Rules, 1958.

(3.) He 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 & Vishnu Kr. Gupta v/s. State and Ors., 2009 WLC 701. He 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.