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2005 Supreme(Raj) 2107

R.P.VYAS
Sugna Ram – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
K.R. Choudhary, for Petitioner/s

Honble VYAS, J.–The instant petition has been filed by the petitioner with the prayer that the impugned order dtd. 3.9.2005 (Annex.P/13) may kindly be quashed and set aside with all consequential benefits.

(2). Brief facts of the case are that the petitioner was posted as Tehsildar, Tehsil Gudamalani in the year 1999. Vide order dated 13.5.2003 the petitioner was placed under suspension. After preliminary enquiry the charges levelled against the petitioner were not found proved and accordingly vide order dated 14.11.2003 the suspension of the petitioner was revoked.

(3). It has also been averred by the petitioner that after a lapse of three years, a charge-sheet dated 19.1.2005 has been issued and in contemplation of enquiry the petitioner has been placed under suspension vide order dated 3.9.2005 on account of pendency of departmental enquiry.

(4). In this writ petition, the petitioner has challenged the validity of order of suspension.

(5). In this writ petition, the main contention of the learned counsel for the petitioner is that after service of charge-sheet neither any enquiry officer was appointed nor any notice of departmental enquiry was served upon the petitioner. Therefore,























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