SANWAR CHAND CHANDEL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The Chief Engineer (Head Qtrs.), Department of Irrigation, Government of Rajasthan by an order dt. 27.02.1999 suspended the petitioner while exercising powers under Rule 13(1)(d) of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958. The criminal case as a consequent to which the petitioner was placed under suspension, came to be decided by the competent Court on 12.03.2004 and the petitioner was acquitted from the charges pertaining to the offence punishable under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. The respondents passed an order dt. 27.04.2004 placing the petitioner again under suspension in view of the fact that a sanction was given for his prosecution relating to some other matter pertaining to the offence punishable under Prevention of Corruption Act, 1988. Relevant to note here that the order dt. 27.04.2004 placing the petitioner under suspension was passed without revoking the earlier suspension made under the order dt. 27.02.1999. The respondent State also decided to initiate disciplinary proceedings against the petitioner and certain other co-employees as per the provisions of Rule 18 of the Rules of 1958 under a memorandum Annexure 7.

(2.) It is stated by learned Counsel for the petitioner that no progress has taken place in investigation of the criminal case lodged against him and other certain employees and the departmental enquiry initiated under the Rules of 1958 is also yet not been concluded. The petitioner in the fashion above is facing suspension since 27.02.1999. An appeal was also filed by the petitioner as per provisions of Rule 22 of the Rules of 1958 to challenge the impugned suspension, but that too is yet pending consideration. It is also pointed out by learned Counsel for the petitioner that certain other co-delinquent employees who were also placed under suspension along with the petitioner have also been reinstated by revoking the suspension. The orders are placed on record as Annexures 9, 10 and 11. By an order dt. 05.09.2005, a decision was also taken by the State to revoke suspension of the petitioner, but effect to the same has not been given so far.

(3.) No reply to the writ petition has been filed on behalf of the respondents.