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2019 DIGILAW 1128 (RAJ)

Roop Lal Khadalu v. State of Rajasthan

2019-04-12

ARUN BHANSALI

body2019
JUDGMENT 1. This writ petition has been filed by the petitioner aggrieved against the order of suspension dated 12.05.2014 (Annex.6) and rejection of appeal against the order of suspension vide order dated 12.01.2016 (Annex.10). 2. It is, inter-alia, submitted by learned counsel for the petitioner that the petitioner was suspended vide order dated 12.05.2014 (Annex.6) on account of his arrest and remaining in the police custody. 3. When the petitioner challenged the said order of suspension, by order dated 07.01.2015 passed in SBCWP No. 4615/2014, the writ petition filed by the petitioner was permitted to be withdrawn with liberty to file appeal. The petitioner filed appeal before the appellate authority under Rule 22 of the Rules of 1958. The said appeal was rejected on 12.01.2016 (Annex.10), inter-alia, observing that as only 01 year & 08 months had passed since the suspension of the petitioner and the order of suspension is normally reviewed after 03 years. 4. It is submitted by learned counsel for the petitioner that now almost 05 years have passed since the petitioner was suspended on 12.05.2014 and the appeal filed by the petitioner was rejected by indicating that only 01 year & 08 months have passed, however, even now the order of suspension has not been reviewed, though the criminal proceedings before the competent criminal court are still pending. 5. In view of the above, it was prayed that the respondents be directed to review the order of suspension. 6. In the overall circumstances of the case, wherein almost 05 years have passed since the suspension of the petitioner and the appeal filed by the petitioner was rejected on a non-existent basis wherein the appeal, in fact, could not have been decided on the ground that only 01 year & 08 months had passed since the date of suspension, which the appellate authority was required to decide on merits. Therefore, in view of the sufficient time, which has already lapsed since passing of the order of suspension, it is incumbent on the respondents to review the same in light of the judgment of this Court in Ashutosh Dashora v. State of Rajasthan : S.B. Civil Writ Petition No. 473/2007, decided on 29.04.2008, wherein the parameter in this regard have been laid down by this Court. 7. 7. Consequently, the writ petition filed by the petitioner is disposed of with the direction to the respondents to decide on the requirements to continue with the suspension of the petitioner in the circumstances of the case in light of the judgment as noticed herein-before. 8. Needful may be done by the respondents within a period of four weeks from the date a certified copy of this order is placed before them.