OM PRAKASH GARG Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) COUNSEL submits that petitioner while holding the post of Assistant Accounts Officer was placed under suspension on account of a criminal case (FIR-6/2005) being registered against him on 19/01/2005. He further submits that no charge has been framed against him in the criminal case so far and he is facing agony of suspension for almost five years by now. He further submits that without examining the continuation of suspension as to whether it is required or not, the authorities are blindly invoking the circular of the State Government dt.10th August, 2001 while deciding the representation/review of suspension submitted by the employee under Rule 13(5) of the Rajasthan Civil Services (CCA)Rules, 1958.

(2.) COUNSEL has further placed reliance on a judgment of this Court reported in Prem Prakash Mathur Vs. State of Rajasthan&Ors (2005(9)RDD 3962 (Raj.))& Vishnu Kr. Gupta Vs. State (2009 WLC (UC) 701). COUNSEL submits that the Circular issued by the State Government dt. 10/08/2001 will not supersede the statutory requirement which is to be complied with by the authority under Rule 13(5) of the Rules.