PREM SINGH CHRAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner, a member of Rajasthan Administrative Service, is placed under suspension by order dated 6.12.2010, passed by the Deputy Secretary to the Government of Rajasthan, Department of Personnel (Group-3/Inquiries), while exercising powers under Rule 13 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (hereinafter referred to as the Rules of 1958 ).

(2.) As per the petitioner the order aforesaid is nothing but an out come of colourable exercise of powers. It is stated that while working as Sub Divisional Officer and Executive Magistrate, Bayatu, District Barmer, the petitioner participated with Prashashan Gaon Ke Sang Programme, 2010 and on 20.11.2010 he sought permission from the Collector, Barmer to leave the headquarter while availing weekly2 off on 21.11.2010 (Sunday). On the midnight of 21.11.2010 he suffered with acute fever, thus, necessary information was given on 21.11.2010 telegraphically to the Collector, Barmer. An information was also given through SMS on the cellphone of the Collector and a request to grant leave was made. To substantiate the fact of ailment, the petitioner has placed on record a prescription slip issued by the competent medical officer working at Government Bangad Hospital, Pali. After availing sick leave the petitioner reported at the headquarter on 29.11.2010. In response to a notice dated 24.11.2010, the petitioner vide letter dated 30.11.2010 explained the circumstances compelling him to avail sick leave and the information given by him to the Collector. The respondent No.2, then by order dated 6.12.2010 suspended the petitioner, hence this petition for writ is preferred.

(3.) It is submitted that the petitioner discharged his duties quite efficiently, effectively and he left the headquarter only after availing necessary permission from the Collector, Barmer, but he failed to resume duty on 22.11.2010 due to the reasons beyond control, however, necessary information in this regard was immediately given through Telegram, FAX and also by SMS. As such, there was no need to place the petitioner under suspension.3