IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH SB Civil Writ Petition No. 14105/2009 Jagdish Prasad Vs. The State of Rajasthan & anr. DATE OF ORDER : 13/11/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. KN Gupta, for petitioner. ***
Counsel submits that the petitioner, who is holding the post of Executive Officer, was placed under suspension vide order Anx. 1 dt. 01/03/2006 on account of a criminal case No. 238/2003 being registered against him under the Prevention of Corruption Act. However, upon sanction for prosecution was granted on 21/10/2005, after almost two years of the alleged incident, the petitioner has been placed under suspension vide order dated 01/03/2006 but, as alleged in the petition, challan/charge sheet still has not been filed and he further submits that one Shri Chitar Mal, who is working on the post of UDC-cum-Cahsier and is also one of the accused in criminal case No. 238/2003, his suspension has been revoked by the Authority vide Anx. 3 dt. 27/12/2007. Counsel submits that the criminal proceedings initiated against petitioner will taken its own time and petitioner is facing agony of suspension for last more than three years by now and moreso, when the other co-accused’s suspension has been revoked by the Authority, there appears to be no justification to continue the petitioner under suspension. He although made representation for reconsideration/reviewing under Rule 13(5) of the Rules, however, the same has remained unheeded which has compelled him to approach this Court by filing the instant petition.
Counsel has placed reliance on judgment of this Court reported in 2005(9)RDD 3962(Raj.), Prem Prakash Mathur Vs. State of Rajasthan & Ors. decided on 20/09/2005 Counsel further submits that the Circular issued by the State Government dt. 10/08/2001 will not supersede the statutory requirement to be complied with by the authority under Rule 13(5) of the Rules.
Without going into merits of the matter this Court considers it appropriate to direct the petitioner to make a fresh representation for review/reconsideration of the order of suspension dt. 01/03/2006 (Anx.1) before the competent authority under Rule 13(5) of the Rules, 1958 who may independently examine the same without being influenced by the instructions dated 10th August, 2001 and may also take note of the judgment referred to (supra) and pass speaking order within three months thereafter and decision may be communicated to the petitioner and if still he is aggrieved, will be free to avail the remedy under law.
With these directions, the petition stands disposed of accordingly.
[AJAY RASTOGI], J.
Raghu-14105-CW-2009-final-pro.sus.doc