PARESH SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner, a Fund Clerk, in Devasthan Department was booked in a criminal case for the offences punishable under Sections 406, 409, 420, 120-B I.P.C. and Sections 13(1)(d) of Prevention of Corruption Act, 1988, thus, by the order dated 12.2.2001 passed by the Assistant Commissioner, Devasthan Department, Udaipur he was placed under suspension. On 8.3.2004 the petitioner submitted a representation to the Commissioner, Devasthan Department with assertion that his suspension is undesirable and the same deserves to be revoked.

(2.) The Commissioner, Devasthan Department vide order dated 18.6.2004 revoked the suspension but under an order dated 12.3.2008 the Commissioner, Devasthan Department placed the petitioner again under suspension in view of the fact that a sanction to prosecute him was granted by the competent authority vide order dated 23.4.2007. Being aggrieved by the order of suspension aforesaid, this petition for writ is preferred.

(3.) The argument advanced by learned counsel for the petitioner is that the petitioner at the first instance was placed under suspension on 12.2.2001 on being booked in a criminal case pertaining to the offences punishable under Sections 406, 409, 420, 120-B I.P.C. and Sections 13(1)(d) of Prevention of Corruption Act, 1988 but the suspension aforesaid was revoked by the Commissioner, Devasthan Department under an order dated 18.6.2004 after due application of mind, as such, merely on the count of the grant of sanction to prosecute him he cannot be placed under suspension ipse dixit.