Back
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN MONGA
Naru Lal Meghwal S/o Shri Modiram Meghwal – Appellant
Versus
State of Rajasthan through the Secretary, Departmental of Revenue, Government of Rajasthan – Respondent
ORDER :
Arun Monga, J.
1. Suspension of a government servant alleged to be involved in criminal offences is legally viewed and meant as a preventive measure and not punitive. It serves the dual purpose of safeguarding public interest and preventing undue influence on the course of prosecution. Similarly, under criminal jurisprudence, pre-trial or as an under trial detention of a suspect is intended as a preventive action, not as punishment. We are concerned here with the former.
1.1[Few lines copied inverbatim from another judgment rendered by this very bench, related to suspension in SBCWP No.1788/2024]. While suspension, no doubt, is a crucial tool for maintaining discipline and transparency in Government services, it should be exercised with caution, since, in practical terms, suspension is contemptuously perceived. It shatters public image of a Government servant and causes stigma with seriously daunting effects. Even if the individual is later cleared of wrongdoing, the negative perception may not fully disappear. Thus, when such suspension is prolonged, it effectively becomes punitive in nature, especially when the individual is later acquitted. This results in irreversible civi
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 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 during criminal proceedings raises fairness concerns and must adhere to guidelines ensuring timely review and justification.
Suspension of government servants must be justified by credible evidence and timely disciplinary proceedings, or it risks being deemed punitive.
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.
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.
Suspension should be periodically reviewed and should not be used as a punitive tool.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
