USHA JOSHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BOTH the abovementioned writ petitions are being decided by this common order as in both of them, the parties are the same and common questions of law and facts are involved. S. B. Civil Writ Petition No. 2857/2003

(2.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 18. 6. 2003 against the respondents with the prayer that by an appropriate writ, order or direction, the suspension order dated 12. 6. 2003 passed by the State Government (respondent No. 1) by which the petitioner was put under suspension and the order dated 16. 6. 2003 (Annex. 14) passed by the District Collector, Jodhpur by which he directed the Sub Divisional Officer, Osian to take over the charge of the post of Child Development Project Officer from the petitioner, be quashed and set aside and the petitioner may be allowed to work as Child Development Project Officer, Osian and further, the charge-sheet dated 18. 12. 2002 (Annex. 8) issued under Rule 17 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as ``the CCA Rules'') be quashed and set aside etc. etc.

(3.) THE case of the petitioner is that the word ``departmental enquiry'' appearing in the impugned suspension order Annex. 13 means enquiry under Rule 17 of the CCA Rules pending against the petitioner for which charge-sheet (Annex. 8) was issued against her, but on the contrary, the case of the respondents is that it reflects other materials, which were collected later on by several complaints made against the petitioner and, thereafter, through Annex. R/7 dated 11. 06. 2003, the District Collector sent a report that the petitioner had committed serious irregularities and, therefore, she should be suspended and strict action be taken against her and, therefore, in these circumstances, impugned suspension order Annex. 13 dated 12. 6. 2003 has no bearing or relevancy with the previous charge sheet dated 18. 12. 2002 (Annex. 8) issued against the petitioner.