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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN MONGA
Arun Kumar Maloo S/o Dr. H.b. Maloo – Appellant
Versus
State Of Rajasthan Through The Principal Secretary, Department Of Personnel – Respondent
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
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 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 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.
Suspension should be periodically reviewed and should not be used as a punitive tool.
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