JAHANGIR ALI KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) With the consent of the parties, as Mr. S.S. Raghav, Additional Advocate General has entered appearance on behalf of the respondents, we have heard the case finally.

(2.) Challenge to the order passed by the Ld. Single Judge is based on the ground that Ld. Single Judge while setting aside the order of stay of suspension did not apply the law laid down by the Supreme Court in the case of Ajay Kumar Choudhary Vs. Union of India and Others reported in (2015) 7 SCC 291, wherein it has been authoritatively pronounced by the Supreme Court that where after suspension, memorandum of charges/charge sheet has not been issued within the period of three months, the same shall result in automatic revocation of the suspension order. Learned Senior Counsel has argued that though ordinarily an order of suspension may not be stayed but the facts of the present case are extra-ordinary as continuance of the suspension order would be against the law declared under Article 141 of the Constitution of India by the Supreme Court. Therefore, the order passed by the Learned Single Judge deserves to be set aside and the order of the Rajasthan Civil Services Appellate Tribunal, Jaipur (hereinafter referred to as "the Tribunal") may be restored.

(3.) On the other hand, learned Additional Advocate General would argue that the suspension order was passed on 17/3/2021 against which writ petition was filed before this Court and the appellant was allowed to make representation. Upon due consideration, the representation of the appellant was rejected. Against the rejection order, there was statutory efficacious remedy of appeal provided under Rule 22 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as "the Rules of 1958") but the appellant-employee rushed to file appeal before the Tribunal and the Tribunal even without giving any notice and opportunity of hearing has passed an order staying the order of suspension.