Rajasthan High Court - Jaipur
Dharam Pal Singh vs State Of Raj & Ors on 14 December, 2009
Author: Ajay Rastogi
Bench: Ajay Rastogi
In the High Court of Judicature for Rajasthan
Jaipur Bench
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Civil Writ Petition No.14994/2009
Dharam Pal Singh Versus State & Ors
Date of Order ::: 14/12/09
Hon'ble Mr. Justice Ajay Rastogi
Mr. KaleemAhmed Khan, for petitioner.
Counsel submits that petitioner while holding the post of Asstt. Sub Inspector of Police, was placed under suspension vide order dt.25/06/05 (Ann.1) on account of a criminal case (FIR-133/2005) being registered for offences U/Ss 7, 13(1)(d) & 13(2) of Prevention of Corruption Act, wherein challan has been filed but charges have not been framed against him so far and the trial may take its own course while he is facing agony of suspension for almost four & half years by now.
Counsel has further placed reliance on a judgment of this Court reported in Prem Prakash Mathur Vs. State of Rajasthan & Ors (2005(9)RDD 3962 (Raj.) & Vishnu Kr. Gupta Vs. State (2009 WLC (UC) 701). Counsel submits that the Circular issued by the State Government dt. 10/08/2001 will not supersede the statutory requirement which is to be complied with by the authority under Rule 13(5) of the Rajasthan Civil Services (CCA) Rules, 1958.
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 review/reconsideration of the order of suspension dt.25/06/05 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 (supra) 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 remedy under the law.
(Ajay Rastogi), J.
K.Khatri/p2/ 14994CW09Dec14DE-SuspRep.doc