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SUDESH BANSAL
Surendra Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. By way of instant writ petition filed under Article 226 of the Constitution of India, petitioner has challenged his suspension order dated 02.11.2018 as also the order dated 04.05.2022 passed by the Police Superintendent, Bharatpur, declining to revoke the suspension of petitioner.
2. The relevant facts, in brief, are that the petitioner while posted as Head Constable at Police Station, Udhyog Nagar, Bharatpur, vide order dated 02.11.2018 (Ann.4), invoking powers under Rule 13 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules 1958 (hereinafter for short 'the CCA Rules of 1958'), was placed under suspension in contemplation of disciplinary inquiry. Thereafter, on the basis of a preliminary inquiry, one FIR No.323/2018 dated 05.11.2018, was registered at Police Station Udhyog Nagar, wherein petitioner was implicated as an accused on allegation of hatching conspiracy and misusing his post for implicating one person Karan Singh in a criminal case of smuggling illegal weapons. Petitioner was arrested in this criminal case but later on, released on bail. After completion of investigation of FIR No.323/2018 against petitioner, prosecution sanction was accorde
Prolonged suspension of an employee without substantial evidence post-disciplinary proceedings is arbitrary and unjustified.
Suspension should be periodically reviewed and should not be used as a punitive tool.
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 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....
Point of Law : Mandate of an outer limit of 3 (three) months is only for the purpose of drawing up a departmental proceeding and the requirement to undertake an exercise of review prior to the said p....
Point of law: seriousness and gravity of the misconduct contemplated to be enquired into and the material i.e., voice messages along with the complaint by the complainant Anil Proddaturu and recordin....
The revocation of suspension should be based on the facts of each case and the gravity of charges, and cannot be continued endlessly without initiating disciplinary proceedings.
Suspension without due process and a fair inquiry is illegal, violating principles of natural justice.
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