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.

ORDER :

Arun Monga, J.

1. Petitioner (a Geologist), is before this Court seeking quashing of an administrative order dated 21.03.2018, vide which, he was suspended from service under Rule 13 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958, on account of grant of prosecution sanction in connection with registration of a corruption case bearing No.161/2010 under Sections 13(1)(d) and 19(2) of the Prevention of Corruption Act, 1988 and Section 120B of the Indian Penal Code.

2. Vide an interim order dated 18.07.2018 passed by a Coordinate Bench of this Court, operation and effect of the impugned suspension order was stayed in the following terms:-

It is submitted by learned counsel for the petitioner that impugned suspension order has been passed without application of mind and recording satisfaction about the twin conditions envisaged under Rule 13 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short, 'CCA Rules'). It is also argued by learned counsel that there is no semblance of proof about any pecuniary loss to the Government on account of alleged acts or omissions of the petitioner. Learned counsel has also argued that rates of drilling in the areas having mineral reserves in soft formation were determined/settled by the State Government vide Notification dated 26th of November 1997 (Annex.6) and accordingly the bills were prepared at the Directorate level. Mr. Dave has further argued that as per communication of the Geological Survey of India dated 28.09.2010 (Annex.11), Lignite and associated rocks of Palana Formation found in Nagaur and Bikaner districts of Rajasthan fall under the category of “soft rock" and the area where drilling was carried out falls within the Bikaner District. It is also submitted by learned counsel that the entire drilling work was completed way back in the year 2002 and the petitioner is sought to be castigated after a lapse of more than one and a half decade when he is at the fag end of his service career.

Per contra, learned counsel appearing for the DOP, Ms. Kusum Rao, submits that the order of suspension is in consonance and conformity with Rule 13 of the CCA Rules. It is also submitted that FIR is lodged against the petitioner for offence under Section 13(i)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and 120- B IPC, and therefore, suspension order has been rightly issued. Lastly, learned counsel contends that suspension is not a punishment.

I have bestowed my consideration to the arguments advanced at Bar.

While it is true that suspension is not a punishment but at times its severity and injurious effect can be judicially noticed. In the instant case, the very edifice of suspension order is grant of sanction for prosecution and that too for an incident which relates to 2002 when the petitioner is on the verge of retirement. The material available on record are also prima facie not disclosing pecuniary loss to the State Government due to the alleged omission of the petitioner.

Admit. Issue notice.

Ms. Kusum Rao, accepts notice on behalf of respondent. No.1 & 2, therefore, notice qua these respondents are waived. Issue notice to respondent No.3 & 4.

Heard on stay.

Having regard to the facts and circumstances of the case, operation and effect of the order dated 21.03.2018 (Annex.22) shall remain stayed.

However, it is made clear that petitioner may not be assigned field duties.”

3. Apropos, petitioner continues to discharge his services without being suspended during pendency of the writ proceedings.

4. Controversy centering on the scope and breadth of the core legal issue concerning the continuation of the suspension of a government servant during the pendency of an investigation or criminal trial in connection with a criminal offence, and the parameters governing the same, have been decided in a detailed order/judgment dated 27.03.2025, rendered by this Court in case title Naru Lal Meghwal Vs. State of Rajasthan