In the High Court of Judicature for Rajasthan Jaipur Bench **
Civil Writ Petition No.10371/2010 Virendra Kr. Jain Versus State & Ors Date of Order ::: 03/08/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Naseemuddin Quazi, for petitioner.
Counsel submits that petitioner while holding the post of Jr. Accountant was placed under suspension vide order dt.13/04/2001 (Ann.2) on account of criminal case being registered for offences punishable under the Prevention of Corruption Act. Counsel further submits that after the charges were framed, the trial is lingering on and may take its own course while he is facing agony of suspension for more than nine years by now.
Counsel 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 representation/review of suspension submitted by the employee but not considering Government Circulars dt.22/02/2005 & 10/03/2005.
Counsel has further placed reliance on a judgment of this Court in Prem Prakash Mathur Vs. State of Rajasthan & Ors (2005(9) RDD 3962 (Raj.) & Vishnu Kr. Gupta Vs. State (2009 WLC (UC) 701).
Without going into merits of the matter, this writ petition is disposed of with the directions to the petitioner to make a fresh representation for reconsideration/ review of the orders of suspension dt.13/04/01 (Ann.1) before the competent authority who may independently examine the same without being influenced by the instructions dt.10th August, 2001 and may also take note of the judgment (supra) alongwith Circulars dt.22/02/2005 & 10/03/2005 referred to in writ petition and pass speaking order within three months thereafter and decision may be communicated to the petitioner who if still feels aggrieved, will be free to avail the remedy under law.
(Ajay Rastogi), J.
K.Khatri/p.2/
10371CW2010Aug3DESuspRpRSRTC.doc