Vijay Panday vs The State Of Rajasthan
2021 Latest Caselaw 15962 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 480/2021

Vijay Panday S/o Shri Om Prakash Panday, Aged About 58 Years, Working As Deputy Manger (Quality Control) Bhilwara Zila Dugdh Utpadak Sakari Sangh Ltd Bhilwara, R/o 37 Part B East Extenion Subhash Nager Bhilwara

----Appellant Versus

1. The State Of Rajasthan, Through Registrar Co-Operative Department, Jaipur.

2. The Managing Director, Rajasthan Co-Operative Dairy Federation Saras Sukul Janwar Lal Neru Marg Jaipur

3. The Managing Director, Bhilwara Zila Dugdh Utpadak Sakari Sangh Ltd Bhilwara 5 Km Ajmer Road Bhilwara

----Respondents

For Appellant(s) : Mr. Bhanu Prakash Mathur For Respondent(s) : ---

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment

22/10/2021

This appeal is filed against the order of the learned Single

Judge dated 02.08.2021 passed in Civil Writ Petition

No.9684/2021.

The appellant-original petitioner was working as Deputy

Manager (Quality Control), Bhilwara Zila Dugdh Utpadak Sakari

Sangh Limited respondent No.3. He was placed under suspension

by an order dated 17.07.2021, which he had challenged in the writ

petition on the ground that the order was passed mala fide and

that no departmental enquiry was instituted. The learned Single

Judge dismissed the writ petition holding that it was open to

(2 of 2) [SAW-480/2021]

suspend the appellant-petitioner on the ground of contemplated

departmental enquiry.

Having heard learned counsel for the appellant, we do not

see any reason to interfere. Firstly, the allegations of mala fide

are not established through any reliance evidence. In fact, no

person in the personal capacity as respondent can answer the

allegations of mala fide. Secondly, the service jurisprudence

recognizes the power of the employer to place the employee under

suspension pending departmental enquiry whether instituted or

contemplated. By now, even the charge-sheet has been filed.

Under the circumstances, the appeal is dismissed. Dismissal

of the appeal, however, would not preclude the appellant-

petitioner from pursuing the representation to the higher

authorities. Interim Application is also dismissed.

(SANDEEP MEHTA),J (AKIL KURESHI),CJ

5-MohitTak/-

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