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2011 DIGILAW 873 (RAJ)

Lalit Singh Shishodia v. State

2011-05-03

AJAY RASTOGI

body2011
JUDGMENT 1. - Counsel submits that petitioner was placed under suspension vide order dated 11/06/2001 upon a criminal case being registered against him for offence punishable under Indian Penal Code. Counsel submits that after the challan being filed, charges have not been framed so far but no effective progress has taken place and criminal case is lingering on and may take its own course while he is facing agony of suspension for more than eight years having rolled by now. 2. Counsel submits that State Government issued circulars dated 07/07/2010 & dated 12/01/2011 constituting a Committee to consider cases of such public servants who are placed under suspension due to criminal cases being registered under Prevention of Corruption Act/Indian Penal Code and are continuing under suspension for last more than three years, for review/reconsideration and pursuant thereto, the Committee has not taken a decision for review of suspension U/r 13(5) of Rajasthan Civil Services (CCA) Rules, 1958. 3. Counsel placed reliance on a judgment of this Court in Prem Prakash Mathur v. State of Rajasthan & Ors., ( 2005(9) RDD 3962 (Raj.) & Vishnu Kr. Gupta v. State, 2009 WLC (Raj.) UC 701 . Counsel submits that the Circular dated 10/08/2001 issued by State Govt. will not supersede statutory requirement to be complied with by the authority U/r 13(5) of CCA Rules. 4. Without going into merits, writ petition is disposed of with the direction to the petitioner to make a fresh representation for reconsideration/review of the order of suspension impugned, pursuant to Circulars dated 07/07/2010 & dated 12/01/2011 before competent authority U/r 13(5) of CCA Rules, who may independently examine the same without being influenced by the instructions dated 10/08/2001 and may also take note of judgments (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 the remedy under law.Writ Petition Disposed of as Above. *******