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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE ARUN MONGA, J
Hemaram Dhaka – Appellant
Versus
State Of Rajasthan – Respondent
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
Suspension during disciplinary proceedings must not be punitive; it should protect evidence and ensure timely proceedings, with strict adherence to defined timelines for action.
Suspension of an employee must be justified, timely disciplinary proceedings initiated, and clear guidelines followed to prevent undue influence and ensure efficiency.
Suspension of government servants must be justified by credible evidence and timely disciplinary proceedings, or it risks being deemed punitive.
Suspension should be periodically reviewed and should not be used as a punitive tool.
The currency of a suspension order should not extend beyond three months without serving the charge-sheet and providing reasoned orders for extension, as established by legal precedents.
Suspension of government servants during criminal proceedings must be justified, not punitive, and requires timely review to uphold fairness and the presumption of innocence.
An order of suspension lapses if not reviewed within 90 days, as established by the Supreme Court, emphasizing timely disciplinary action.
Suspension of an employee without initiating disciplinary proceedings is unlawful and violates due process rights.
Suspension of a government servant must be based on serious allegations and objective consideration, with documented reasoning to prevent arbitrariness.
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