KAMLESH KUMAR MATHUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant writ petition, petitioner has challenged order dated 09.08.2017 (Annex.9), whereby petitioner is suspended with retrospective effect, i.e., from 21.05.2002, by treating him the then Assistant Engineer, Municipal Council, Jaisalmer.

(2.) Scorning the facts in detail, the bare necessary facts for the purpose of this writ petition are that petitioner was sought to be prosecuted in Criminal Case No.21/95 for offence punishable under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and Sections 420, 409, 468, 471, 477-A and 120-B IPC.

(3.) When the requisite sanction for prosecution was granted against petitioner, the same was assailed by him before the Jaipur Bench of this Court by preferring S.B. Civil Writ Petition No.3464/2002. At the threshold, while admitting the writ petition, Court passed interim order staying the sanction for prosecution. The stay order granted by the Court continued for almost one and half decades and during the interregnum period, petitioner availed two promotions, i.e., on the post of Superintendent Engineer and Additional Chief Engineer. The writ petition finally came up for hearing on 12.05.2017 and was dismissed. Likewise, petitioner also assailed his order of suspension by filing yet another petition before the Jaipur Bench bearing S.B. Civil Writ Petition No.4605/2002 in which also interim order was passed staying the suspension order. The writ petition was finally dismissed on 12.05.2017 as having become infructuous. While dismissing the writ petition as infructuous, the Court also observed that respondents would be at liberty to proceed and pass appropriate orders. It is after the rejection of writ petition No.4605/2002, the competent authority has passed fresh order of suspension, which is impugned in the present writ petition.