PRAKASH DHARU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) To question correctness of the order dated 22.3.2013 passed by learned single Bench, this special appeal is preferred. The appellant, an Assistant Sub-Inspector in Rajasthan Police, was placed under suspension by the competent authority under order dated 17.7.2012 on being caught red handed by the Anti Corruption Bureau, while accepting a bribe of Rs. 5000/-. The petitioner-appellant challenged the same by way of filing a petition for writ, mainly on the count that the power placing the petitioner under suspension was exercised arbitrarily and further that the matter was under investigation and the delay in that was causing prejudice to him. Learned single Judge, while dismissing the petition for writ, observed as under :--

(2.) Being dissatisfied with affirmation of the order of suspension, this appeal is preferred and the argument advanced by counsel for the appellant is that the competent authority exercised powers under Rule 13 of the Rajasthan Civil Service (Classification, Control & Appeal) Rules, 1958 (hereinafter referred to as 'the Rules of 1958') in quite mechanical manner. It is asserted that a Government servant should not be placed under suspension without adequate application of mind and without examining the actual need to place a Government servant under suspension. According to learned counsel, the purpose of placing a person under suspension is to prevent the person concern to remain in the position that may be sufficient to influence and tamper with the evidence available against him. The competent authority, therefore, must examine the possibilities of tampering with the evidence in the event of continuation of Government servant/employee in service and suspension should be made only after arriving at a conclusion about positive chances of influencing the evidence. As per learned counsel in the instant matter no such consideration was made.

(3.) Heard learned counsels.