Suspension during disciplinary proceedings must not be punitive; it should protect evidence and ensure timely proceedings, with strict adherence to defined timelines for action.

Order :

ARUN MONGA, J

1. Petitioner (an Executive Officer), is before this Court seeking quashing of an order dated 12.06.2019 (Annexure-14) vide which he was suspended from service. Vide an interim order dated 19.06.2019 passed by this court operation and effect of the impugned suspension order was stayed in the following terms:-

“Issue notice to the respondents, returnable within four weeks.

In the meanwhile, effect and operation of the order dated 12.06.2019 shall remain stayed.

Connect with S.B. Civil Writ Petition No.8143/2019.”

2. Apropos, petitioner continues to discharge his services without being suspended during pendency of the writ proceedings. 3. Controversy as to the powers to be invoked by a disciplinary/suspending authority to suspend an employee in contemplation of or during pendency of departmental proceedings and parameters governing thereof have been decided today itself in a bunch of connected matters by a detailed order/judgment of even date i.e. 21.02.2025 wherein lead matter is SBCWP No.1788/2024 (Naresh Singh Vs. State of Rajasthan & Ors.).

4. The reasons and discussion contained in Naresh Singh’s judgment ibid shall be read as part and parcel of the instant order and same are not being repeated for sake of brevity. However, it is deemed appropriate that the concluding part of the judgment be reproduced for ready reference, which is as below:-

36. Before parting, it is deemed appropriate that following guidelines are framed to be followed by Competent Authorities / Head of Departments of State in those cases where suspension orders are warranted either in contemplation or pending departmental proceedings:-

GUIDELINES

(a). Purpose of Suspension: Suspension is not meant as punishment but serves to protect evidence, prevent witness influence, and ensure smooth disciplinary proceedings. It should only be used when absolutely necessary.

(b). Discretionary Yet Severe: While suspension is neither described nor prescribed as a punitive measure, it has serious repercussions, affecting an employee’s morale, reputation, and financial stability. It also imposes a financial burden on the government.

(c). Prudent Exercise of Authority: Authorities must act with utmost caution, considering all relevant facts before suspending an employee. The decision should be justified by the need to protect evidence and witnesses.

(d). Timely Disciplinary Action: If an employee is suspended in contemplation of disciplinary proceedings, those proceedings must begin immediately after suspension and be concluded promptly.

(e). Defined Timelines: Specific deadlines should be set for each stage of disciplinary proceedings, including as below:

i. Initiation – Issuance of charge sheet or show cause notice.

ii. Response – Submission of the employee’s reply.

iii. Decision – Review of the reply and determination of further action.

iv. Inquiry – If necessary, initiation and conclusion of a departmental inquiry.

v. Resolution – Submission and review of the inquiry report, followed by a final decision by Disciplinary Authority.

(f). Monitoring & Compliance: A mechanism should be established to ensure adherence to these timelines, with periodic reviews and remedial actions, including penalties for defaulters or revocation of unnecessary suspensions.

37. I may also like to make it clear that the aforesaid guidelines are only in those cases where disciplinary proceedings are either pending or contemplated and exclude all those cases of suspension which are owing to either arrest in a criminal proceedings or pending any criminal investigation and/or criminal trial before a competent Court.

38. Apart from the guidelines, supra, it is deemed appropriate that this Court exercises its writ jurisdiction to issue a writ of mandamus to State of Rajasthan through Secretary Personnel to ensure that all the competent authorities who have been vested with the power to suspend a Government servant to adhere to a reasonable time limit to take further action after suspension order is