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VINIT KUMAR MATHUR
Lal Singh Meena – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. Heard learned counsel for the parties.
2. The present writ petition has been filed against the order dated 15.02.2022 passed by the respondent No.2- District Collector (Land Records), Dholpur, whereby the representation filed by the petitioner has been rejected.
3. Briefly, the facts required to be noted in the present case are that the petitioner was working on the post of Patwari. On 02.11.2020, an FIR was registered under Section 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 against the petitioner. In view of the registration of the FIR, the petitioner was placed under suspension on 06.11.2020. Aggrieved of the order of suspension, the petitioner preferred a writ petition before this Court and the same was disposed of vide order dated 09.09.2021 in the following terms:
"This writ petition has been filed by the petitioner aggrieved against the order dated 06.11.2020 (Annex.2), whereby the petitioner has been placed under suspension.
The petitioner made representation, inter alia, indicating that challan has not been filed against the petitioner and despite passage of sufficiently long time, the petitioner has not been reinstated and, therefore, the order of
The authorities have the discretion to examine the revocation of suspension even prior to the periods fixed in the circular issued by the State Government.
The court established that disciplinary authorities have the discretion to review suspension orders without being bound by arbitrary time limits set by government circulars, ensuring timely administr....
The main legal point established is that a suspension order must be reviewed within 90 days as per the Central Civil Services (Classification, Control and Appeal) Rules, 1965, and failure to do so ma....
The court upheld the authority's discretion to continue suspension in the context of a pending criminal proceeding, considering the seriousness of the charges and the need for further proceedings.
The suspension of a government employee must adhere to statutory provisions, including timely reviews and service of charges.
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