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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN MONGA
Sandeep Sharma – Appellant
Versus
State – Respondent
ORDER :
1. Petitioner (a Veterinary Officer), is before this Court seeking quashing of an administrative order dated 10.02.2016, vide which, he was suspended from service. He continues to be suspended till date for past 8 years and 2 months.
2. At the very outset, on a Court query, counsel for the petitioner informs that wife of the petitioner lodged an FIR No.305/2015 dated 22.07.2015 against the petitioner for the alleged offences under Sections 498-A, 406, 323, 377 and 509 of IPC, and in contemplation of departmental proceedings pursuant thereto, his services were put under suspension on 10.02.2016. From the record appended with the petition and the pleadings, it is not borne out as to what is the current status of pending trial/criminal proceedings. There is no interim protection in favour of the petitioner on his suspension.
3. Be that as it may, in this context, reference may be had to a judgment dated 27.03.2025 rendered by this Court in the case titled Naru Lal Meghwal Vs. State of Rajasthan & Anr., S.B. Civil Writ Petition No. 14863/2016, relevant portion of which, is reproduced hereinbelow:-
“CONCLUSION
25. Two questions thus arise i.e. first, whether a government servant, eit
Prolonged suspension of government servants without trial constitutes a de facto penalty; guidelines established for timely review and adherence to principles of justice.
Prolonged suspension of a government servant without trial constitutes collateral punishment; guidelines established for suspension must ensure fairness and timely reviews.
Prolonged suspension of a government servant during criminal proceedings raises fairness concerns and must adhere to guidelines ensuring timely review and justification.
Suspension of government servants during criminal proceedings must be justified, not punitive, and requires timely review to uphold fairness and the presumption of innocence.
Suspension of a government servant during criminal proceedings must be justified, not punitive, and subject to periodic review to ensure fairness and adherence to procedural norms.
Suspension of a government servant during criminal proceedings must be justified based on objective evaluation, ensuring it does not serve as a punitive measure without due process.
Prolonged suspension of government servants without timely review constitutes collateral punishment, violating principles of fairness and the presumption of innocence.
Prolonged suspension of a government servant without timely review violates established legal principles, necessitating prompt disciplinary proceedings.
Suspension during disciplinary proceedings must not be punitive; it should protect evidence and ensure timely proceedings, with strict adherence to defined timelines for action.
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