In the High Court of Judicature for Rajasthan Jaipur Bench **
Civil Writ Petition No.1745/2010 Om Prakash Bansal Versus State & Ors Date of Order ::: 08/02/10 Hon'ble Mr. Justice Ajay Rastogi Mr. Kaleem Ahmed Khan, for petitioner.
Counsel submits that petitioner while serving as Manager in Rajasthan State Ganganagar Sugar Mills Ltd was placed under suspension vide order dt.24/06/08 on account of a criminal case (FIR No.41/2006) being registered for offences punishable under the Prevention of Corruption Act. It has not been disputed that challan has been filed obviously after sanction being granted by the competent auhtority U/s 19 of PC Act.
Counsel submits that charges have not been framed and the trial may take its own course while he is facing agony of suspension since June, 2008.
Looking to the nature of allegations and of a criminal case being registered under the PC Act, this Court finds no prima facie case for interference at this stage.
However, if no effective efforts are being taken by competent authority in prosecuting criminal case pending against petitioner, he will be at liberty to submit representation for review/reconsideration of the order of suspension dt.24/06/2008 under Rule 13(5) of CCA Rules, 1958, the competent authority may independently examine the same without being influenced by State Government Circulars dt. 10/08/2001 and while taking note of decisions in Prem Prakash Mathur Vs. State of Rajasthan & Ors (2005(9) RDD 3962 (Raj.) & Vishnu Kr. Gupta Vs. State (2009 WLC (UC) 701) may pass speaking order which may be communicated to him who if still feels aggrieved, will be free to avail of the remedy under the law.
With the observations (supra), writ petition stands disposed of.
(Ajay Rastogi), J.
K.Khatri/p.2/
1745CW2010Fb8-DE-SuspDsRep.do
