1992 Supreme(Raj) 471
RAJASTHAN HIGH COURT AT JAIPUR BENCH
G.S.Singhvi, J.
Lajpat Rai Gogna - Appellant
Versus
State of Rajasthan & ors. - Respondent
S.B. Civil Writ Petition No. 1568 of 1991.
Decided On : 13-01-1992
The power of suspension is to be exercised cautiously and carefully, and should not be exercised in an arbitrary manner or without any reasonable grounds.
Headnote:
SUSPENSION - GOVERNMENT SERVANT - POWER OF SUSPENSION - EXERCISE OF - GUIDELINES - SUSPENSION OF PETITIONER - ASSISTANT ENGINEER - CHARGED WITH CONSPIRACY AND DEFRAUDING GOVERNMENT MONEY - SUSPENSION CONTINUED FOR OVER FOUR YEARS - NO JUSTIFICATION - SUSPENSION DECLARED ILLEGAL - PETITIONER DIRECTED TO BE REINSTATED.
Fact of the Case:
Petitioner, an Assistant Engineer in the Irrigation Department, was suspended for over four years on the grounds of conspiracy and defrauding government money. The suspension was based on a challan filed against the petitioner by the Anti-Corruption Department. The petitioner challenged the suspension order, arguing that it was passed without application of mind and that his past unblemished service record had been ignored.
Finding of the Court:
The court found that the suspension order was passed without application of mind and that the petitioner's past unblemished service record had been ignored. The court also found that there was no justification for continuing the suspension for over four years, especially since there was no allegation that the petitioner was likely to tamper with the evidence or that his continuance in service would be injurious to the public interest.
Issues: 1. Whether the suspension order was passed without application of mind? 2. Whether the petitioner's past unblemished service record was ignored? 3. Whether there was justification for continuing the suspension for over four years?
Ratio Decidendi: The court held that the suspension order was passed without application of mind and that the petitioner's past unblemished service record had been ignored. The court also held that there was no justification for continuing the suspension for over four years, especially since there was no allegation that the petitioner was likely to tamper with the evidence or that his continuance in service would be injurious to the public interest.
Final Decision: The court allowed the petition, declared the suspension illegal, and directed the respondents to reinstate the petitioner in service with effect from the date of the order. The court also left it open to the Government to decide the treatment of the period of suspension after the conclusion of the trial or departmental proceedings.
JUDGMENT
1. - In this Writ petition it has been prayed that the order of suspension of the petitioner from service be ordered to be revoked or in the alternative respondent Government may be directed to consider the case of the petitioner under rule 13(5) of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958. The petitioner who joined service as Junior Engineer in the Irrigation Department of the Government of Rajasthan on 1.4.58 received promotion as Assistant Engineer by Government order dated, 20.3.78. His claim is that he has been working to the satisfaction of his superior officer and has discharged duties honestly and diligently. He was posted as Assistant Engineer, Irrigation, Sub-Division, Dholpur with effect from 30.8.82 and he worked on that place upto April 1985. Even before the petitioner's posting in Dholpur Sub-Division, Shri Mahadeo Prasad Gupta was working as Store Munshi in the office of the Assistant Engineer since 15.12.74. As Store Munshi he was preparing pay bills, T.A. bills, Medical bills, Pension and Gratuity bills. He used to carry these bills to the Treasury, Dholpur for getting same passed by the Treasury and he also used to get cash payment from the State Bank of Bikaner and Jaipur, Dholpur Branch. Shri N.C. Avasthi worked as Assistant Engineer at Dholpur, Sub-Division prior to petitioner's posting at Dholpur. While working as Store Munshi Shri Mahadeo Prasad Gupta forged the signatures of S/Shri N.C. Avasthi and S.K. Agarwal (Assistant Engineers) and received money from State Bank of Bikaner and Jaipur, Dholpur Branch in lieu of 8 such bills. He thus received a sum of Rs. 54894/-. After the petitioner's posting at Dholpur, he remained on leave between 11.8.83 to 9.9.83. On 10.8.83, which was Sunday, the petitioner went to Jallundhar (Punjab) in connection with the marriage of Kumari Manju Gogna, daughter of his elder brother. He remained there upto 16.8.83. The petitioner went to Bikaner on 16.8.83. He remained at Bikaner upto 8.9.83 with his family and then joined his duty at Dholpur on 10.9.83. During this period Shri Mahadeo Prasad prepared the forged bills by putting petitioner's signatures and encashed them from the State Bank of Bikaner and Jaipur, Dholpur Branch.
2. During the period the petitioner had remained on leave, Shri S.C. Mittal, Accounts Officer of the office of Accountant General wrote a letter dated, 11.8.83 pointing out the double payments in respect of gratuity amount in the name of Smt. Krishna Devi. This letter was never received by the petitioner. Instead, it was received by Shri Mahadeo Prasad Gupta during petitioner's absence. According to the petitioner, Shri Mahadeo Prasad Gupta seems to have got the said record burnt by short circuiting the electric, connection and that is why the letter meant for the Assistant Engineer, Irrigation, Sub Division, Dholpur, was not available in that office. A copy of letter dated, 18.8.83 which was sent to the Executive Engineer, Irrigation, Dholpur, was sent to the office of the Assistant Engineer, Irrigation Sub Division, Dholpur. The same was also received by Shri Mahadeo Prasad Gupta personally but he did not enter this letter in the receipt Register of the office of the Assistant Engineer, Irrigation Sub Division, Dholpur.
3. When Shri Ramesh Chand Gupta, Assistant Accounts Officer of the office of Executive Engineer, Irrigation Circle, Dholpur, came to make an enquiry at Dholpur on 23.12.84 regarding double payments, then all these facts came to the notice of the petitioner. The petitioner then made enquiry. He recorded statement of Shri Mahadeo Prasad Gupta. He admitted to have received a sum of Rs. 1,72,565.55 which had been drawn by him by putting forged signatures of the petitioner. Shri Mahadeo Prasad Gupta also gave statement before Shri Ahsan Ahmad Chipa, Assistant Executive Magistrate and Collector, Dholpur. In that statement dated. 28.12.83 Shri M.P. Gupta deposed that he has deposited a sum of Rs.
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