MAHAVIR PRASAD YADAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has prayed in this writ petition that the respondents be directed by issuance of writ of mandamus to pay entire salary for the period of his suspension from 20.4.05 to 4.10.06 and thereafter for the period of awaiting posting orders from 5.4.06 to 27.7.07 with interest @ 24% per annum, till actual payment and entire period as aforesaid be treated as part of the duty in terms of Rule 54 of the Rajasthan Service Rules.

(2.) The petitioner has further prayed that the order of his suspension dated 20.4.05 be declared as incompetent, without jurisdiction and without the authority of law and this order should be quashed and set aside and the petitioner be awarded adequate compensation for mental torture, loss of reputation and defamation.

(3.) Petitioner was initially appointed as Assistant Registrar on 6.11.1989. He was promoted on the post of Deputy Registrar on 13.8.1998. He went on deputation as Managing Director with Central Cooperative Bank Ltd., Sikar for the period from 3.7.2004 to 19.3.2005. It was thereafter that the petitioner was transferred and kept awaiting posting in the department. Petitioner was placed under suspension on 20.4.2005 under Rule 13 of Rajasthan Civil Services (CCA) Rules, 1958. It appears from two documents which the petitioner himself has placed on record, namely the letter dated 14.6.05 written by Secretary Cooperative Department to the Registrar of Cooperative Societies and Technical Assistant to the Registrar dated 24.2.06 addressed to Deputy Secretary to the Government in its Cooperative Department that one Shri K.D. Babar, Member of the Rajasthan Legislative Assembly raised an issue on the floor of the house that the petitioner mislead the government with regard to question of compassionate appointment of Shri Praveen Kumar Kajla. The Government by its letter dated 20.4.05 required the Registrar Cooperative Societies to send the proposal for initiating disciplinary proceedings against the petitioner. A proposal to this effect together with draft of charge sheet was sent on 10.5.05 and thereafter the letter dated 14.6.05 was sent.