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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN MONGA
Narayan Lal Bhoi S/o Onkar Bhoi – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Petitioner (a Patwari), is before this Court seeking quashing of an administrative order dated 16.07.2019, vide which, he was suspended from service under Rule 13(2) of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 in connection with registration of an FIR No.168/2019 dated 25.06.2019 for the offences under Section 7 of the Prevention of Corruption Act, 1988 and Section 120-B IPC.
2. Vide an interim order dated 19.03.2021 passed by a co-ordinate Bench of this Court, operation and effect of the impugned suspension order was stayed in the following terms:-
“1. Learned counsel for the petitioner inviting Court’s attention towards office-note (Annex.2), submits that the petitioner has not remained behind the bars from more than 48 hours, thus, his suspension is contrary to Rule 13(2) of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958.
2. He further submits that against the order of suspension dated 16.07.2019, petitioner has preferred an appeal under rule 22 of CCA Rules, 1958, which came to be dismissed by the competent authority vide order dated 12.01.2021 (Annex.8).
3. In view of the aforesaid and considering that the p
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, 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.
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 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 government servants without timely review constitutes collateral punishment, violating principles of fairness and the presumption of innocence.
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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