IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.8222/09 Vinod Kumar Sharma Versus State & Anr. DATE OF ORDER : 03/03/2010 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. S.P. Sharma, for petitioner Ms. Raj Sharma, Addl. Govt. Counsel, for respondents ***
Petitioner while working as Assistant Engineer, PWD, was placed under suspension on 22nd June, 2009 after FIR under the provisions of Prevention of Corruption Act being registered against him and sanction for prosecution was granted by the competent authority.
Counsel for petitioner submits that there was non-application of mind while decision was taken by the authority placing him under suspension and Counsel has tried to convince this Court that money which was alleged to be recovered from him, affidavits have been furnished by the concerned person whose money was lying with him, which was not taken note of by the respondents neither at the stage of investigation nor by the State Government while granting sanction for prosecution while placing him under suspension vide order impugned dt.22nd June, 2009.
It has been informed to this Court that challan has been filed. What has been urged by Counsel for petitioner is always available for him to submit at the stage of framing of charge, but no inference can be drawn by this Court on the basis of material which has been placed on record. The competent authority in exercise of power U/r.13 of the Rules in the facts of each case after examining the record, can always take decision to place an employee under suspension against whom a criminal case is instituted/during trial, if required.
In the instant case, the authority took decision after sanction for prosecution was granted and certainly if the authority has taken decision granting sanction for prosecution, certainly there is an application of mind by the authority placing the petitioner under suspension in exercise of power U/r.13 of the Rules.
This Court does not find any error being committed by the authority while taking decision to place the petitioner under suspension.
Accordingly, writ petition stands dismissed. However, it is always open for the petitioner to make representation for review/reconsideration, if advised, in exercise of power U/r.13(5) of the Rules, 1958.
[AJAY RASTOGI], J.
FRBOHRA8222CW09 03-03.doc