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1999 DIGILAW 1418 (RAJ)

Raj Kumar Jain v. Board of Revenue

1999-11-30

SHIV KUMAR SHARMA

body1999
Honble SHARMA, J.–The petitioner, a Patwari, complains that his prolonged suspension from 3.1.1996, without there being any exercise of reviewing the same, is illegal and arbitrary. (2). The relevant facts may be briefly noticed. The petitioner who was placed under suspension on the ground of contemplated investigation in a criminal case vide order dt. 3.1.1996 passed by the respondent No.2 in fact was not facing any criminal investigation on the said date. An FIR was lodged against him by the Tehsildar Kekri on 6.6.1997 which was registered at Police Station Kekri bearing No.110/97. Investigation commenced and Final Report No.49/97 dt. 31.8.1997 was submitted and accepted by the Civil Judge (Senior Division) and Additional Chief Judicial Magistrate Kekri on 13.5.1998. Grievance of the petitioner is that despite being apprised about this fact, the respondents have not bothered to revoke the suspension order. (3). Under sub-rule(5) of R. 13 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short `the Rules), the respondents have power to review the order of suspension. It is unfortunate that while placing the petitioner under suspension, the authorities did not care to look at R.13(1) of the Rules. Neither the departmental enquiry was contemplated against the petitioner nor cause for suspension was existed. That apart, the authorities also did not care to review the order of suspension even after the Court accepted the final report. (4). In view of the above, the respondents are directed to pass necessary order u/R.13(5) of the Rules, after reviewing the impugned suspension order dt. 3.1.1996. The respondents are expected to pass the aforesaid order within fifteen days from the date of receipt of this order with intimation to the petitioner. (5). The writ petition stands disposed of accordingly.