Suspension should be periodically reviewed and should not be used as a punitive tool.

JUDGMENT

1. Brief facts necessary for adjudication of present writ petition are that the petitioner while holding the post of Police Sub- Inspector was placed under suspension, vide order dated 21.01.2018, passed by the Superintendent of Police, Nagaur, exercising powers conferred upon him by virtue of Rule 13 of Rajasthan Civil Services (Classification, Control & Appeal) 1958 (hereinafter referred to as 'CC&A Rules of 1958').

2. The petitioner being aggrieved by the order dated 21.01.2018 filed writ petition before this Court being S.B. C.W. No.5127/2020 (Radhakishan v. State of Raj. & Ors.). A co- ordinate Bench of this Court vide order dated 24.07.2020, disposed of the writ petition directing the disciplinary authority to decide the representation made by the petitioner in light of judgment rendered in the case of Manvendra Singh v. State of Rajasthan & Ors.: S.B. C.W. No. 4276/2018 at Jaipur Bench.

3. The disciplinary authority pursuant to order dated 24.07.2020, considered and rejected the representation filed by the petitioner on two counts: firstly, the question regarding revocation of suspension can be examined only after expiry of three years from the date of suspension, as per Circular dated 12.01.2011, issued by the Department of Personnel; Secondly, an FIR has been filed against petitioner at P.S., Surpalia for offences punishable under Section 306 IPC and 3(1)(p)3(2)(V) of SC/ST Atrocities Act, wherein challan has been filed against petitioner. It was further stated in the order dated 31.07.2020 that the reinstatement of petitioner would be detrimental to the interest of the disciplined police force.

4. The memorandum of charge sheet dated 19.07.2021 issued against the petitioner in the disciplinary proceedings had been stayed vide order dated 03.09.2021 in the case of Radhakishan v. State of Rajasthan (S.B. C.W. No.11747/2021).

5. Learned counsel for the petitioner submitted that the petitioner is facing suspension since 21.01.2018. The prolonged suspension has resulted in undue hardship and stagnation in services of the petitioner. Counsel further submitted that circulars issued by the respondents require examination of suspension order only after a lapse of three years from the date of suspension though, in the present case, even after lapse of three years, the order suspending the petitioner has not been revoked. For strengthening the aforesaid contention, counsel placed reliance on judgment rendered by this Court in the case of Manvendra (supra). Counsel apprised the Court that in the appeal preferred against the judgment passed in the case of Manvendra (supra) being State & Ors. v. Manvendra Singh (D.B. S.A.W. No.1111/2019), Division Bench emphasized on the need for periodical examination of the suspension orders by the competent authorities to arrive at the conclusion whether the suspension deserves to be continued or the same deserves to be revoked.

6. Per contra, learned counsel for the respondents submitted that serious allegations have been levelled in the F.I.R. against petitioner, and therefore, the impugned suspension order does not deserve any indulgence by this Court. Counsel further submitted that the State Government is in the process of making periodical review of all suspension orders in compliance with the circular dated 12.01.2011. The court was apprised of the fact that in certain deserving cases, orders of suspension have been revoked, and the case of the petitioner will be considered at an appropriate time in light of the terms stipulated in the circular, issued by the Government.

7. Heard learned counsel for the parties and perused the material available on record.

8. It is a settled law that legally and technically suspension is not a punishment. Therefore, order of suspension needs to be examined periodically and objectively by the competent authority considering the nature and gravity of the allegations against an employee. An order of suspension is generally issued to ensure fair, transparent