Modan Singh vs State & Ors on 2 September, 2008

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            S.B.CIVIL WRIT PETITION NO.3459/2007


                          Modan Singh
                              v.
                   State of Rajasthan & Ors.


      Date of Order           ::         2 nd September, 2008


              HON'BLE MR.JUSTICE GOVIND MATHUR


Mr. V.K.Sharma, for the petitioner.
Mr. O.P.Boob, for the respondents.

                               ....



            By    order   dated     27.12.2004,       passed   by   the

Collector (Land Records), Hanumangarh, the petitioner

was placed under suspension as he was trapped by a

team of Anti Corruption Bureau in a matter relating to

the corruption in service.



            While assailing validity of the aforesaid,
the contention of counsel for the petitioner is that

the Collector (Land Records), Hanumangarh was having

no authority to place the petitioner under suspension

as he is neither the appointing authority nor a person

to   whom   appointing     authority       of   the    petitioner   is

subordinate      or     otherwise       empowered     to    place   the

petitioner under suspension. It is asserted that the

petitioner is a Patwari in Irrigation Department and,

therefore,       only   the   authority         of    the   Irrigation

Department could have suspended the petitioner.
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            The     respondents            in     reply        to     the    writ

petition    stated       that     though         the        petitioner      is    a

Patwari    in     Department      of       Irrigation,          however,         the

incident of trap occurred on 30.10.2004 and on that

day the petitioner was working in Revenue Department,

therefore, the Collector, Hanumangarh rightly passed

the order of suspension.



            Heard counsel for the parties.



            It is true that on 30.10.2004 the petitioner

was working as Patwari in Department of Revenue i.e.

within    the     administrative           control      of     the    Collector

(Land    Records),       Hanumangarh,            however,       by    an    order

dated 15.12.2004 the services of the petitioner were

placed     at     the     disposal          of        the     Department         of

Irrigation. The petitioner after 17.12.2004, for all

purposes,       became    an    employee         of    the     Department        of

Irrigation.        ON     27.12.2004             the        Collector       (Land

Records),       Hanumangarh      was       having       no     administrative

control or authority to take any disciplinary action

against     the     petitioner         or        to     place        him    under

suspension while exercising powers under Rule 13 of

the Rajasthan Civil Services (Classification, Control

& Appeal) Rules, 1958. The order impugned, therefore,

is apparently bad.



            For     the        reasons       mentioned          above,       this

petition for writ succeeds and, therefore, the same is
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allowed. The order impugned dated 27.12.2004 placing

the petitioner under suspension is hereby quashed.



                                  ( GOVIND MATHUR ),J.

kkm/ps.