Rajasthan High Court
Murari Lal Samaria S/O Sh. Suraj ... vs State Of Rajasthan on 16 December, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 14697/2021
Murari Lal Samaria S/o Sh. Suraj Mal Samaria, Aged About 34
Years, Resident Of Village- Pakhala, Post- Bonly, District-
Sawaimadhopur (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Deptt. Of
Revenue, Secretariat, Jaipur (Raj.)
2. District Collector (Land Records), Sawaimadhopur (Raj.)
----Respondents
For Petitioner(s) : Mr. Kawal Singh Loha
For Respondent(s) : Ms. Archana for
Mr. Anil Mehta, AAG
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
16/12/2021
Issue notice of the writ petition as well as of stay application.
Notices are accepted by Ms. Archana appearing on behalf of
Mr. Anil Mehta, learned Additional Advocate General.
In the writ petition, a prayer has been made to quash and
set aside the suspension order dated 27.06.2019 whereby, the
petitioner, a Patwari, has been placed under suspension.
Learned counsel for the petitioner submits that he would feel
contended if the respondents are directed to review the order of
suspension passed more than two and half years in view of the
judgment of Hon'ble Apex Court of India in case of Ajay Kumar
Choudhary Vs. Union of India (UOI) & Ors. reported in 2015
(7) Supreme Court Cases, 291.
(2 of 3) [CW-14697/2021]
Learned counsel for the respondents has no objection with
the aforesaid prayer.
Para No.21 of the judgment of Ajay Kumar Choudhary
(supra), reads 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 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 of the judgment of Hon'ble Apex Court of India in
case of Ajay Kumar Choudhary (supra) as also in view Rule 13
(5) of the Rajasthan Civil Services (Classification, Control &
Appeal) Rules, 1958, this Court disposes of this writ petition with a
direction to the respondents to review the order dated 27.06.2019
(3 of 3) [CW-14697/2021]
wide reasoned order within a period of four weeks from the date
of receipt of copy of this order with its intimation to the petitioner.
(MAHENDAR KUMAR GOYAL),J
Manish/104
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