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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN MONGA
Omdev Nagar S/o Shri Madan Lal Nagar – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Petitioner (a Class-IV employee – Safai Karamchari), is before this Court seeking quashing of an administrative order dated 02.03.2023, vide which, he was suspended from service due to registration of an FIR No.43/2023 dated 18.02.2023 for the alleged offences under Sections 7 & 7(a) of Prevention of Corruption Act (Amended), 2018, read with Section 120-B of IPC against the petitioner by the Anti Corruption Bureau.
2. Vide an interim order dated 08.08.2023 passed by a Coordinate Bench of this Court, operation and effect of the impugned suspension order was stayed in the following terms:-
“In S.B. Civil Writ Petition No. 8203/2023:
1. Learned counsel for the petitioner has shown to this Court the order dated 02.05.2023 passed by a coordinate Bench of this Court in Anita Khichar Vs. State of Rajasthan & Ors., S.B. Civil Writ Petition No. 3656/2023 and prays that the interim order be passed in favour of the present petitioner also. The order reads as follows:
“1. Learned counsel representing the petitioner submit that in similar issue, the Coordinate Bench of this Court vide order dated 19.05.2022 passed in SB Civil Writ Petition No. 7103/2022 (Pintu Lal Jat Vs. State of Rajasth
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 a government servant during criminal proceedings raises fairness concerns and must adhere to guidelines ensuring timely review and justification.
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 a government servant without trial constitutes collateral punishment; guidelines established for suspension must ensure fairness and timely reviews.
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 government servants without trial constitutes a de facto penalty; guidelines established for timely review and adherence to principles of justice.
Prolonged suspension of government servants without timely review constitutes collateral punishment, violating principles of fairness and the presumption of innocence.
Suspension of a government servant without a charge sheet for over 14 months is unjustified, and failure to follow procedural guidelines renders the suspension order invalid.
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