SURESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed against the order Annexure-2 dt. 05.08.2003 whereby the petitioner was suspended upon being found involved in a trap case of Anti Corruption Bureau for offence under Sections 7 and 13(1)(d)(2) of the Prevention of Corruption Act, 1988.

(2.) The petitioner was then holding the post of Additional Chief Medical and Health Officer, Shri Ganganagar (for short C.M. & H.O.). The respondents laid down certain guidelines for keeping a vigil over the Private Ultrasound Centers and Hospitals pursuant to the certain judgments rendered by the Hon'ble Supreme Court. The C.M. & H.O., Shri Ganganagar in that connection by an order dt. 16.07.2003 constituted a committee consisting of three members including the petitioner. The aforesaid committee inspected Shiva Ultrasound Center run by Dr. Pramod Bedi and his wife Dr. Rita Bedi. According to the petitioner the committee found several irregularities there and prepared a report thereabout. The petitioner claims to have submitted such report to C.M. & H.O., Shri Ganganagar in the evening of 17th July, 2003 but he was refused to accept on the ground that it is not signed by other two members of the committee. In order to give authenticity to his version, the contention of the petitioner is that entry of the said report in the dispatch register was not possible because in that late hours because office was closed and in these circumstances when C.M. & H.O., Shri Ganganagar returned the report to him, he retained it with himself. A false FIR was lodged against him on the basis of story concocted by Dr. Pramod Bedi in which the petitioner has been falsely implicated. It has been alleged that the petitioner demanded certain illegal gratification from the said doctor. This amount even according to version in the FIR was found to have been placed on the Cooler which was lying in Veranda of petitioner's house. According to the petitioner, the amount of Rs. 15,000/- involved in the case was not recovered from the petitioner. While FIR lodged on 21.07.2003 the petitioner was placed under suspension 15 days thereafter on 05.08.2003. The petitioner has been placed under suspension by the respondents on the ground that he was prima facie found indulging in offence under Section 7 and 13 (1)(d)(2) of the Prevention of Anti Corruption Act.

(3.) I have heard Mr. K. Section Yadav, learned Counsel for the petitioner and Mr. Rameshwar Dave, learned Dy. Govt. Advocate and perused the material on record.