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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN MONGA
Shrawan Singh S/o Shri Mohan Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Petitioner (a Teacher Grade-III, Level-II), is before this Court seeking quashing of an administrative order dated 10.02.2021, vide which, he was suspended from service under Rule 13(2) of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 in connection with registration of an FIR No.102/2019 dated 17.08.2019, under Sections 379, 482, 420, 467, 468, 471 and 120-B of IPC.
2. Vide an interim order dated 24.02.2021 passed by a Coordinate Bench of this Court, operation and effect of the impugned suspension order was stayed in the following terms:-
“1. In an identical writ petition being SB Civil Writ Petition No. 929/2021 (Chhagan Meghwal Vs. State of Rajasthan & Anr.), this Court while issuing notices, has passed the following interim order on18.02.2021 :
“12. Issue notice. Issue notice of stay application also, returnable within six weeks.
13. But then, apparently, illegality lies in retrospectivity of the suspension. For this irregularity of giving effect to the suspension from a date anterior to the order, the suspension per-se cannot be stayed and rigours of Rule 13(2) cannot be given a go bye. Hence, effect and operation of the impugned order date
Suspension of government servants during criminal proceedings must be justified, not punitive, and requires timely review to uphold fairness and the presumption of innocence.
Prolonged suspension of a government servant during criminal proceedings raises fairness concerns and must adhere to guidelines ensuring timely review and justification.
Prolonged suspension of a government servant without trial constitutes collateral punishment; guidelines established for suspension must ensure fairness and timely reviews.
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.
Prolonged suspension of government servants without trial constitutes a de facto penalty; guidelines established for timely review and adherence to principles of justice.
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.
Suspension should be periodically reviewed and should not be used as a punitive tool.
Prolonged suspension of a government servant without timely review violates established legal principles, necessitating prompt disciplinary proceedings.
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