BACHCHU RAM SHARMA Vs. STATE AND ORS.

JUDGEMENT

(1.) COUNSEL submits that petitioner while holding the post of Sub -Inspector on account of criminal case being registered against him under Prevention of Corruption Act was placed under suspension vide order dt.19.10.05. After filing of the challan, charge has not been framed so far and trial will take its own time. At the same time, Counsel further submits that on two different occasions whenever his services were required/needed, the disciplinary authority revoked the order of suspension but immediately thereafter he was again placed under suspension as evident from orders dt.15.12.08 & 23.06.09 and in pursuance to order dt.22.2.2010 the petitioner is presently undergoing suspension which according to him is an arbitrary exercise of power and violative of Article 14 of the Constitution of India.

(2.) HE although made application for reconsideration/revocation Under Rule 13(5) of the Rules, but the authority has failed to consider the same. 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 the representation/review of suspension submitted by the employee under Rule 13(5) of the Rajasthan Civil Services (CCA) Rules, 1958.

(3.) WITHOUT going into merits of the matter at this stage, this Court considers it appropriate to direct the petitioner to make a fresh representation for review/reconsideration of the order of suspension dt.19.10.05 read with order dt.22.2.2010 before the competent authority under Rule 13(5) of the Rules, 1958 who may independently examine the same without being influenced by the instructions dated 10th August, 2001 and may also take note of the judgments referred to (supra) and pass speaking order within three months thereafter and decision may be communicated to the petitioner and if still he is aggrieved, will be free to avail the remedy under law.