SAJJAN SINGH NATHAWAT Vs. STATE AND ORS.

JUDGEMENT

(1.) COUNSEL submits that Petitioner was placed under suspension vide order dt. 23/01/2003 upon a criminal case being registered against him for offence punishable under Prevention of Corruption Act. Counsel submits that after the charge being framed, the trial is pending for recording of prosecution evidence but no effective progress has taken place and criminal case is lingering on and may take its own course while he is facing agony of suspension for more than eight years having rolled by now.

(2.) COUNSEL further submits that at one stage, the Committee considered the case of the Petitioner but was not inclined to revoke the order of suspension. However, minutes placed on record do not disclose the reason for which his case was not considered to be justifiable.

(3.) COUNSEL placed reliance on a judgment of this Court in Prem Prakash Mathur v. State of Rajasthan and Ors., 2005 (9) RDD 3962 (Raj.) and Vishnu Kr. Gupta v. State 2009 WLC (UC) 701. Counsel submits that the Circular dt. 10/08/2001 issued by State Govt. will not supersede statutory requirement to be complied with by the authority Under Rule 13(5) of CCA Rules.