Rajasthan High Court
Yash Pal Singh Son Of Shri ... vs The State Of Rajasthan on 10 February, 2022
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 14831/2020
Yash Pal Singh Son Of Shri Dharampal Singh, Aged About 47
Years, Resident Of Lula Ahir, Teshil Koshli, District Rewari,
Haryana(Hc 1137/94)
----Petitioner
Versus
1. The State Of Rajasthan, Through Principal Secretary,
Department Of Home Affairs, Government
Secretariat,jaipur.
2. The Director General Of Police, Jaipur.
3. The Inspector General Of Police, Range Jaipur,jaipur.
4. The Superintendent Of Police, Bhiwadi, District Bhiwadi.
----Respondents
For Petitioner(s) : Mr. Nitin Jain
Mr. Balveer Singh Beniwal
For Respondent(s) : Mr. Rupin Kala, GC through VC
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
10/02/2022
The matter comes up on an application filed on behalf of the
petitioner seeking disposal of the writ petition in light of the order
dated 10.01.2022 passed by this Court in S.B. Civil Writ Petition
No. 189/2022; Anil Kumar v. State of Rajasthan & Ors.
Learned counsel for the petitioner submits that he is
suffering from prolonged suspension which has not been reviewed
for last more than two years.
Relying on the judgment of Hon'ble Apex Court in case of
Ajay Kumar Choudhary Vs. Union of India (UOI) and Ors.
(2 of 3) [CW-14831/2020]
reported in 2015 (7) SCC 291, learned counsel submitted that
the respondents are required to review the order of suspension
periodically and prays that the respondents be directed to revisit
the order dated 19.12.2019.
Learned counsel for the respondents has no objection to the
aforesaid prayer.
The Hon'ble Apex Court has in case of Ajay Kumar
Choudhary (Supra) has 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 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 adequately 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."
(3 of 3) [CW-14831/2020]
In view of the submissions advanced by the learned counsels
for the respective parties as also the direction issued by the
Hon'ble Apex Court in case of Ajay Kumar Choudhary (Supra),
this Court deems it just and proper to direct the respondents to
review the order dated 19.12.2019 within a period of four weeks
from the receipt of copy of this Court order.
The writ petition as also the application stand disposed of
accordingly.
(MAHENDAR KUMAR GOYAL),J
SAHIL SONI /28
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