Prahalad Rai Ameriya vs The State Of Rajasthan
2021 Latest Caselaw 15971 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 528/2021

Prahalad Rai Ameriya S/o Shri Harlal Ameriya, Aged About 59 Years, By Caste Khateek, R/o 20, Chamti Khera Road, Vinayak Nagar, Setu Marg, Chittorgarh (Rajasthan).

----Appellant Versus

1. The State of Rajasthan, Through Principal Secretary, Rajasthan Co-Operative Department, Government Of Rajasthan, Jaipur.

2. The Joint Secretary, Rajasthan Co-Operative Department, Government Of Rajasthan, Jaipur.

3. The Registrar, Cooperative Societies Rajasthan, Jaipur.

----Respondents

For Appellant(s) : Mr. Shambhoo Singh Rathore For Respondent(s) : Mr. Sunil Beniwal, AAG

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

Judgment

22/10/2021

This appeal is filed by the original petitioner against the

judgment passed by the learned Single Judge dated 10.08.2021 in

Civil Writ Petition No.9065/2021.

The petitioner was working as Managing Director, Central

Cooperative Bank, Dungarpur. He was placed under suspension

by an order dated 05.07.2021, which he had challenged in the writ

petition. The learned Single Judge having dismissed the petition,

he has filed this appeal.

Learned counsel for the appellant-petitioner submitted that

when the order of suspension was passed, departmental charge-

(2 of 2) [SAW-528/2021]

sheet was not issued by the employer. However, this cannot be a

ground on which suspension order can be set aside. The service

Rule pointed out also envisages suspension on the basis of

contemplated departmental enquiry. Admittedly, the charge-sheet

was subsequently issued. In absence of clear case of mala fide or

breach to statutory rules, the order of suspension cannot be lightly

interfered.

Learned counsel for the appellant-petitioner, however,

submitted that the appellant-petitioner is going to retire from

31.12.2021. Under the circumstances, let the respondents

complete the departmental enquiry expeditiously and preferably

within four months from the date of receipt of copy of this order.

With these observations, the appeal is disposed of.

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

31-MohitTak/-

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