Rajasthan High Court
Ashish Kumar Sharma S/O Chandresh ... vs State Of Rajasthan ... on 27 February, 2023
Bench: Sudesh Bansal
[2023/RJJP/003421]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3652/2023
Ashish Kumar Sharma S/o Chandresh Sharma, Aged About 42
Years, R/o Tagar Mohalla, Bhawani Mandi, District Jhalawar,
Rajasthan At Present Posted As A Constable 177 (Suspended) At
Reserve Police Line, Bundi, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Home Affairs, Government Of Rajasthan, Jaipur.
2. The Director General Of Police, Rajasthan Police
Headquarter, Jaipur.
3. The Inspector General Of Police, Kota Range, Kota.
4. The Superintendent Of Police, Jhalawar.
5. The Deputy Superintendent Of Police, Circle Jhalawar,
Dist. Jhalawar.
6. The Superintendent Of Police, Bundi.
----Respondents
For Petitioner(s) : Mr. Ashish Kumar Sharma, present in
person
For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
27/02/2023
1. By way of instant writ petition, petitioner has challenged his
suspension order dated 11.06.2021.
2. Petitioner has pleaded in the writ petition that during his
posting as Constable (Belt No.177) at Jhalawar, one FIR bearing
No.94/2021 at Police Station-Mahila Thana, District Jhalwar came
to be registered against him and he was placed under suspension
under Rule 13 (1) of Rajasthan Civil Services (Classification,
[2023/RJJP/003421] (2 of 3) [CW-3652/2023]
Control & Appeal) Rules, 1958. He has pleaded that the
department has not initiated any disciplinary inquiry and charge-
sheet in the aforesaid FIR has already been filed but there is no
further progress in the criminal trial therefore, his suspension
order is liable to be revoked. Petitioner has placed reliance in the
case of Ajay Kumar Choudhary Vs. Union of India [(2015) 7
SCC 291]. The relevant paragraph i.e. Para No.21 of the
judgment is reproduced hereunder:
"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
concerned person 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 recognized principle of human dignity and the right
to a speedy trial and shall also preserve the interest of the
Government in the prosecution. We recognize that 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. In case of Jahangir Ali Khan Vs. State of Rajasthan:
D.B. Special Appeal (Writ) No.662/2022 decided on
25.5.2022, wherein the Division Bench has observed that the
suspension order is appealable before the Rajasthan Civil Services
Appellate Tribunal (hereinafter for-short "the Tribunal") in view of
[2023/RJJP/003421] (3 of 3) [CW-3652/2023]
Section 2(f)(V) of the Rajasthan Civil Services (Service Matters
Appellate Tribunals) Act, 1976.
4. Petitioner has not availed the remedy of appeal before the
Tribunal, therefore, at this stage this Court is not inclined to
entertain the writ petition against the suspension order on merits.
5. In view of above, the instant writ petition is disposed of with
liberty to petitioner to avail the remedy before the Tribunal.
6. Stay application and other pending application(s), if any,
stand disposed of.
(SUDESH BANSAL),J
TN/26
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