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2005 Supreme(Raj) 2196

GOVIND MATHUR
Prem Prakash Mathur – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. Kuldeep Mathur, for the Petitioners. Mr. S.N. Tiwari, Deputy Government Advocate.

Judgment

Govind Mathur, J.-By an order dated 111.1992 the petitioner was placed under suspension as a case against him in respect of criminal offence under Section 5(1)(d)(2) of Prevention of Corruption Act, 1947 read with Sections 420, 467, 468, 471 read with 120-B, IPC, was under trial.

2. By this petition for writ a challenge is given by the petitioner to continuance of his suspension for a period of about 13 years.

3. It is contended by the petitioner that though since November, 1992 he is under suspension but the respondents are not reviewing the same and as such the petitioner is facing stagnation not only in service career but in life too. It is contended that prolong suspension of the petitioner is arbitrary, unreasonable and unjust, therefore, the same is required to be revoked.

4. A reply to the writ petition has been filed on behalf of the respondents stating therein that the petitioner is facing trial for serious charges for criminal offence, therefore, till completion of criminal trial the petitioner is required to be kept under suspension. It is also averred in the reply that as per circular dated 10.08.2001 issued by Government of Rajasthan an employee who is facing









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