STATE OF RAJASTHAN Vs. ASHMITA (ASMITA) SINGH

JUDGEMENT

(1.) By this writ petition, the petitioners have assailed the legality and validity of the order dtd. 26/10/2021 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur (for brevity, 'the learned Tribunal') whereby, the suspension order dtd. 4/10/2021 passed in respect of respondent no.1/appellant (for brevity, 'the appellant') has been stayed and the petitioners have been directed to let her work at her prior place of posting where she was posted by the competent authority.

(2.) The facts in brief are that vide order dtd. 4/10/2021, the appellant, a Tehsildar posted at Sanganer, District Jaipur, was placed under suspension by the District Collector, Jaipur, in contemplation of a departmental enquiry. It was directed therein that during the period of suspension, her headquarter shall remain at the Board of Revenue, Rajasthan, Ajmer (for brevity, 'the BOR')- The validity of the aforesaid order was challenged by the appellant by way of an appeal no.5142/2021 before the learned Tribunal, which has, vide order impugned dtd. 26/10/2021, granted ad-interim relief to her.

(3.) Learned counsel for the petitioners contended that order of the learned Tribunal is without jurisdiction as suspension is not covered under 'service conditions' as enumerated in Sec. 2(f) of the Rajasthan Civil Services (Service Matters Appellate Tribunals) Act, 1976 (for brevity, 'the Act of 1976')- Relying on a Division Bench judgment of this Court dtd. 6/1/1998 passed in D.B. Civil Special Appeal No.777/1996, State Insurance and GPF Department, Jaipur Vs. Rajasthan Civil Services Appellate Tribunal and Ors., learned counsel submitted that therein, while considering the case of termination simplicitor of an employee, it was held that the learned Tribunal did not have jurisdiction to entertain the dispute involving termination simplicitor as it was not covered under any of the Clauses of Sec. 2(f) of the Act.