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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN MONGA
Rakesh Mehandiratta (Arora) S/o Shri Devi Dutta – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Petitioner (an Accounts Officer), is before this Court seeking quashing of an administrative order dated 18.02.2020, vide which, he was suspended from service. He continues to be thus under suspension till date, for the past 5 years, 1 month, and 20 days.
2. At the very outset, on a Court query, learned counsel for the petitioner submits that an FIR No. 114/2015 dated 30.07.2015 for the offences under Sections 376 and 377 of the IPC was registered against the petitioner. Pursuant thereto, the petitioner was suspended vide order dated 10.12.2018. The said order was challenged by filing SBCWP No. 19170/2018 before this Court. Vide order dated 06.02.2019, this Court, while allowing the said writ petition, quashed the order dated 10.12.2018 and observed that the respondents are free to take appropriate proceedings in accordance with law. Thereafter, the petitioner was again suspended vide order dated 12.07.2019. Against the said suspension order, the petitioner filed S.B. CWP No.10497/2019, wherein, a Coordinate Bench of this Court granted interim order dated 20.07.2019, staying the effect and operation of the said suspension order. Vide order dated 18.02.2020, services of the
Prolonged suspension of a government servant without trial constitutes collateral punishment; guidelines established for suspension must ensure fairness and timely reviews.
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 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.
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