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RAJASTHAN HIGH COURT BENCH AT JAIPUR
Mahendar Kumar Goyal, J.
Purushottam Lal Sharma - Appellant
Versus
State of Rajasthan & Ors. - Respondents
S.B. Civil Writ Petition No. 12918/2021
Decided On : 11-11-2021
[SUSPENSION] - [REVIEW OF SUSPENSION ORDER] - [The court emphasized the necessity for periodic review of suspension orders, referencing previous judgments that established this requirement. The court directed the respondents to reassess the suspension order issued to the petitioner, ensuring compliance with legal standards and providing a reasoned decision within a specified timeframe.]
Fact of the Case:
The petitioner, a Constable, was suspended by the respondents on 27.10.2017, and the suspension order had not been reviewed since its issuance.
Finding of the Court:
The court acknowledged the legal precedent requiring periodic review of suspension orders and noted that the respondents did not contest this legal position. The court directed the respondents to review the suspension order and issue a new decision.
Issues: Whether the respondents are required to periodically review the suspension order of the petitioner and the implications of failing to do so.
Ratio Decidendi: The court relied on established legal principles from prior cases that mandate a review of suspension orders to ensure fairness and adherence to legal standards.
Result: The writ petition was disposed of with a directive to the respondents to review the suspension order and issue a reasoned order within four weeks.
JUDGMENT
Learned counsel for the petitioner submits that the petitioner, a Constable, was suspended by the respondents vide order dated 27.10.2017, which has not been reviewed till date.
Issue notice. Notices are accepted by Mr. P.S. Naruka on behalf of Mr. Rupin Kala, learned Government Counsel present in Court.
Learned counsel for the petitioner, relying on the judgments of this Court in cases of State of Rajasthan & Ors. v. Manvendra Singh, D.B. Special Appeal Writ No.1111/2019, Shishram v. State of Rajasthan & Ors., S.B. Civil Writ Petition No.4385/2021 and Mukesh Kumar Meena v. State of Rajasthan and Anr., S.B. Civil Writ Petition No.9946/2020, submitted that therein this Court required the respondents to reconsider the suspension order periodically and hence, the respondents may be directed to revisit the suspension order passed about four years ago.
Learned counsel for the respondents did not dispute the aforesaid legal position and submitted that they will review the order impugned within short period.
Taking into consideration the submissions advanced by the learned counsels for the parties and the law laid down by this court in case of State of Rajasthan (supra), Shishram (supra) and Mukesh Kumar Meena (supra), this writ petition is disposed of with a direction to the respondents to review the order dated 27.10.2017 and pass order afresh in accordance with law vide reasoned order within a period of four weeks from the date of receipt of certified copy of this order.
The necessity for periodic review of suspension orders to uphold legal standards and ensure just treatment of suspended employees.
The main legal point established in the judgment is that a suspension order must be reviewed within 90 days as per the CCS (CCA) Rules, 1965, and court judgments, and failure to do so renders the sus....
Suspension should be periodically reviewed and should not be used as a punitive tool.
Suspension orders requiring review must be executed within 90 days, and failure to serve charges timely invalidates extensions beyond this period.
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