MADAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the order dated 5.11.2008 the petitioner was placed under suspension on being lodged in a case pertaining to offence punishable under Sections 7, 13(1)(d) and 13(2) of Prevention of Corruption Act, 1988. By way of filing a petition for writ (S.B. Civil Writ Petition No.11835/2010), the petitioner prayed for a direction for the respondents to review his suspension in accordance with Sub-Rule (5) of Rule 13 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as 'the Rules of 1958'). This Court vide order dated 27.8.2010 disposed of the writ petition aforesaid with a direction to the petitioner to make a representation to the competent authority to review the order of suspension dated 5.11.2008. The competent authority in turn was directed to examine the order dated 5.11.2008 without being impressed by the instructions given by the Government of Rajasthan under the circular dated 10.8.2001. In pursuant to the directions given, the Superintendent of Police re-considered the matter and decided to continue the petitioner under suspension in light of Government of Rajasthan Circular dated 10.8.2001. Being aggrieved by the same, this petition for writ is preferred.

(2.) It is submitted by learned counsel for the petitioner that the circular dated 10.8.2001 was not required to be taken into consideration by the competent authority while examining case of the petitioner for revocation of suspension, however, in flagrant violation of the directions given by this Court, the competent authority without application of mind rejected the petitioner's representation by placing reliance upon the Government of Rajasthan Circular dated 10.8.2001 only.

(3.) Heard learned counsel for the parties.