RAJIV ACHARYA Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) This writ petition has been filed by petitioner challenging the order of his suspension dated 30.07.2012 passed by respondent no. 2 - the Registrar, Board of Revenue for Rajasthan at Ajmer.

(2.) The petitioner was initially appointed on the post of Naib Tehsildar in the Rajasthan Tehsildar Service of the State. He was then promoted to the post of Tehsildar. He was posted as sub Registrar-II, Jaipur on 21.03.1994 and continued in that posting till July, 1995, wherefrom he was transferred to the post of Sub Registrar, Bundi . A news item was published in media on 01.06.1998. The ACB registered a complaint against the petitioner in 1998 on the basis of the said news item and on that basis an FIR was registered in the year 1998. The allegation against the petitioner was that he for registration of conveyance deed charged at the rate applicable to residential plot whereas the disputed land was commercial in nature.

(3.) Contention of petitioner is that he was suspended for the reason of pendency of departmental enquiry and lodgment of anti-corruption case in connection with an incident that took place in the year 2007. The regular First Information Report was registered fourteen years before the date of his suspension in the year 1998. Challan in that case was filed in court in the year 2007. Even though challan was filed seven years ago, charges have not been framed by the court of Special Judge till date. Argument of petitioner is that respondents have mechanically placed him under suspension five years after filing of challan, there being no new cause of action or additional reason. One more reason, which could be the basis for suspension, is pendency of joint departmental enquiry in regard to which the charge-sheet was served on the petitioner in the year 1998. In that enquiry too, the enquiry officer submitted the report in 2006 exonerating the petitioner of all the charges. But the Disciplinary Authority i.e. the Board of Revenue, has so far not taken any final decision on the enquiry report.