NARESH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Suspension of a Government servant, as per service jurisprudence, ordinarily, is and should be resorted to as a preventive measure, not punitive. Likewise, during or pre-trial detention of a suspect in criminal jurisprudence is preventive and not punitive. But, the pressing question is, how to obviate preventiveness as a euphemism for punishment ? The harsh reality is that, irrespective of legal intent, both suspension and detention are often perceived with disdain by society, inflicting severe damage to one's public image and leading to profound demoralization. We are concerned here with the former.

(2.) Let us delve into the power to suspend when invoked either in contemplation of or due to pending disciplinary proceedings, more elaborately in the succeeding part.

(3.) The Government servants in the State of Rajasthan have been categorized as below:-