Rajasthan High Court
Abdul Karim S/O Sh. Abdul Rashid ... vs State Of Rajasthan on 8 December, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1184/2021
Abdul Karim S/o Sh. Abdul Rashid Khan, Aged About 55 Years,
Resident Of Ward No. 79, Dallo Ka Mohalla, Chaksu, District,
Jaipur, (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through, Principal Secretary, Public
Works Department, Secretariat Jaipur, Jaipur.
2. Chief Engineer, Public Works Department, Jaipur,
Hasanpura, Jaipur
----Respondents
For Petitioner(s) : Mr. Rajeev Kumar Sogarwal
For Respondent(s) : Mr. Rohit Choudhary, Dy.G.C.
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
08/12/2021
The matter comes up on an application (1/2021) seeking
disposal of the writ petition in the light of judgment of the Hon'ble
Apex Court of India in case of Ajay Kumar Choudhary Vs.
Union of India and Ors., 2015(7) SCC 291.
Learned counsel for the respondents has no objection to the
aforesaid prayer.
In case of Ajay Kumar Choudhary (supra), their Lordships
held as under:
"21. We, therefore, direct that the currency of a
suspension order should not extend beyond three
months if within this period the memorandum of
charges/charge-sheet is not served on the delinquent
officer/employee; if the memorandum of
charges/charge-sheet is served, a reasoned order
must be passed for the extension of the suspension.
As in the case in hand, the Government is free to
(2 of 2) [CW-1184/2021]
transfer the person concerned to any department in
any of its offices within or outside the State so as to
sever any local or personal contact that he may have
and which he may misuse for obstructing the
investigation against him. The Government may also
prohibit him from contacting any person, or handling
records and documents till the stage of
his having to prepare his defence. We think this will
adquately safeguard the universally recognised
principle of human dignity and the right to a speedy
trial and shall also preserve the interest of the
Government in the prosecution. We recognise that
the previous Constitution Benches have been
reluctant to quash proceedings on the grounds of
delay, and to set time-limits to their duration.
However, the imposition of a limit on the period of
suspension has not been discussed in prior case law,
and would not be contrary to the interests of justice.
Furthermore, the direction of the Central Vigilance
Commission that pending a criminal investigation,
departmental proceedings are to be held in abeyance
stands superseded in view of the stand adopted by
us."
In view thereof as also in view of Rule 13(5) of the Rajasthan
Civil Services (Classification, Control & Appeal) Rules, 1958, this
Court deems it just and proper to direct the respondents to review
the suspension order dated 13.08.2019 within a period of four
weeks from the date of receipt of a copy of this order, vide
reasoned order.
The writ petition as also the application stand disposed of
accordingly.
(MAHENDAR KUMAR GOYAL),J
MADAN/25
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