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1995 Supreme(Raj) 627

N.L.TIBREWAL
Lalit Kumar Jain – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Jagdeep Dhankar Sr. Advocate alongwith Praveen Balwada for Petitioner N.K. Maloo for Respondents

Honble TIBREWAL, J. This petition raises an important question relating to suspension of a Government Servant, where a case against him in respect of any criminal offence is under investigation or trial and also the connected question relating to prolonged suspension. It is made clear at the outset that I am not examining the matter where a Government servant is placed under suspension when a disciplinary proceedings is contemplated or is pending against him.

(2). In order to appreciate the controversy, necessary facts may be set out which are not much in dispute. The petitioner was appointed as District Supply Officer in the year 1984 on his selection in Rajasthan Food and Civil Supplies Services. His initial posting was at Sikar and since 1987 he was posted at Churu. While he was working at Churu, his wife Smt. Anita committed suicide by taking some poisonous matter, where upon Crime No. 52/88 was registered against him on 27.4.88 for the offences punishable under Sections 306 and 304 B.I.P.C. While investigation was pending, he was placed under suspension by the State Government vide order dated, August 1, 1988 in exercise of power under Rule 13(1) of the Rajasthan Civil Services










































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