RATAN LAL Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) The petitioner has preferred this writ petition against the order dated 3.1.2010 passed by the Superintendent of Police, Chittorgarh vide which he was suspended on the ground that a criminal case has been registered against him under the provisions of Section 379, 285 of I.P.C., Section 3 of PDPP Act and Section 15(2) of the Petroleum Act.

(2.) It is contended that the petitioner was serving on the post of constable at Police Station Chanderiya, District Chittorgarh. While praying for setting aside the order of suspension, it is contended that charge-sheet has been filed on 31.3.2010. Charges have also been framed on 19.2.2014. Reliance is placed on the circular dated 7.7.2010 passed by the State Government issuing guidelines regarding the suspension and revocation of a Government servant against whom a criminal case is pending.

(3.) It is contended that as per the said circular, a Committee is required to review the suspension of an employee against whom a criminal case is pending for last more than 3 years and specially in case the challan has already been filed. It is stated that more than 05 years have passed but the respondents have not reinstated the petitioner till date.