RAMPRATAP YADAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard.

(2.) The appeal arises out of the order dtd. 25/2/2019 passed by learned Single Judge, whereby, challenge to order dtd. 12/9/2012, extending the period of suspension for a further period of 180 days, is dismissed.

(3.) The brief facts of the case for decision of the appeal are while the appellant was working on the post of Inspector in Rajasthan Police, he was placed under suspension vide order dtd. 8/2/2010. The order of suspension was challenged and an order was passed by this Court 19/3/2012 with certain directions with regard to payment of subsistence allowance and consideration of pay or revocation of suspension order. Thereafter, in purported compliance of the order passed by this Court, an order was passed on 12/9/2012, extending the period of suspension for a further period of 180 days. This order came to be challenged mainly on the ground that suspension could not continue beyond a particular limit, in view of the judgment of the Hon'ble Supreme Court in the case of Ajay Kumar Choudhary Vs. Union of India (UOI) & Ors., (2015) 7 SCC 291. Learned Single Judge, having been apprised by the respondent that the writ petitioner was placed on suspension on account of criminal case registered against him and that charge-sheet was also issued and further that a departmental inquiry is still pending against him, disposed off the writ petition with the direction to conclude the disciplinary proceedings within a period of six months and further pass a reasoned speaking order either revoking suspension or extending the same in view of the judgment of the Hon'ble Supreme Court in the case of Ajay Kumar Choudhary (Supra). Against the aforesaid order passed by learned Single Judge, this appeal has been preferred.