Rajasthan High Court - Jodhpur
Fakir Mohammed vs State Of Rajasthan & Ors. on 5 November, 2014
Bench: Sunil Ambwani, P.K.Lohra
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D.B. Civil Special Appeal (Writ) No.1441/2014
Fakir Mohammed V/s State of Rajasthan & ors.
5.11.2014
HON'BLE ACTING CHIEF JUSTICE SUNIL AMBWANI
HON'BLE MR.JUSTICE P.K.LOHRA
Mr.Hemant Choudhary for the appellant.
This special appeal arises out of the judgment by which learned Single Judge has relegated the petitioner serving as Tehsildar to alternative remedy of filing statutory appeal under Rule 22 (wrongly mentioned as 23 in the impugned order) of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short, hereinafter referred to as "the Rules of 1958").
It is submitted that the order is without jurisdiction, inasmuch as, it has been passed by the District Collector, Bikaner, whereas the Board of Revenue is the Appointing Authority of the petitioner.
Rule 13(1) authorizes the Appointing authority or any authority to which it is subordinate or any other authority empowered by the Government in that behalf may place a Government servant under suspension.
There is no ground taken or urged that the Collector is not empowered by the Government to exercise the discretionary power to place the Teshildar under 2 suspension.
Be that as it may, since there is a statutory appeal against the order of suspension in which same grounds can be raised, we do not find any good ground to interfere in the matter.
The appeal is disposed of with liberty to the appellant- petitioner to file an appeal before the appellate authority under Rule 22 of the Rules of 1958. Since the appellant- petitioner is going to attain the age of superannuation on 31st December, 2014, it is expected from the appellate authority to decide the appeal within a month provided the appeal is filed within a week from today. (P.K.LOHRA), J. (SUNIL AMBWANI),Actg.CJ. Parmar