SHARWAN KUMAR Vs. STATE OF RAJASHTAN

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The petitioner, who was posted as Assistant Engineer in the Department of Water Resources, was suspended vide order dated 29.11.2009 (Annex. 1). The petitioner has challenged the said order dated 29.10.2009 by filing this writ petition.

(3.) It appears that the allegation against the petitioner is that he did not comply with the directions of the higher authorities of removing the pipes. However, in the order of suspension, there is no mention of any charge against the petitioner nor it has been mentioned that the petitioner has been suspended in contemplation of any enquiry. The order of suspension is simply an order conveying the petitioner that under Rule 13 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short 'the Rules of 1958'), he is being suspended. The petitioner's contention is that he complied with the directions of the higher authorities and has not committed any misconduct. To challenge the order dated 29.10.2009, learned Counsel for the petitioner vehemently submitted that the authorities cannot in routine manner suspend an officer/government employee which results into only burden upon the State exchequer and the Government will not be in a position to take work of the suspended employee. It is also submitted that in the order dated 29.10.2009, there is no mention that the petitioner has been suspended contemplating any enquiry. Learned Counsel for the petitioner relied upon the judgment of this Court delivered in S.B. Civil Writ Petition No. 8249/2007 (Samrath Singh v. State of Rajasthan and Anr.,2010 2 RLW(SC) 1670decided on 30.9.2009.