JAGESHWAR PRASAD SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the order dated 24.12.2019 (Annex.-1), whereby the petitioner has been placed under suspension.

(2.) The petitioner made a representation (Annex.-10), inter alia, indicating that already challan against the petitioner has been filed and despite passage of sufficiently long time, the petitioner has not been reinstated and, therefore, the order of suspension requires review and the petitioner deserves to be reinstated.

(3.) Learned counsel for the petitioner with reference to judgment in Manvendra Singh v. State of Raj. and Ors.: SBCW No. 4276/2018, decided on 21.12.2018 submitted that the Court in the said judgment has dealt with the powers of the disciplinary authority under Rule 13(5) of the Rules of 1958 and appellate authority under Rule 22 of the Rules of 1958 and has held that the various circulars issued by the State Government laying down limitation to examine the revocation of suspension order after a period of three years from the date of suspension/after a period of one year from the date, the charge-sheet has been filed, was not justified and it was open for the authorities to examine the case for revocation of suspension even prior to the said periods fixed in the circular.