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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
ARUN MONGA
Manveer Singh Beniwal – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Petitioner (a Block Development Officer), is before this Court seeking quashing of an order dated 13.07.2022 (Annexure-2) vide which he was suspended from service. Vide an interim order dated 12.05.2023 passed by this court operation and effect of the impugned suspension order was stayed in the following terms:-
“Heard learned counsel for the parties on the stay application.
Learned counsel for the petitioner submits that petitioner was placed under suspension along with two more persons, namely, Mr. Hari Mohan Meena & Mr. Laxman Meena. Out of those two persons, Hari Mohan Meena approached this Court by way of filing a writ petition in S.B. Civil Writ Petition No. 10080/2022 (Hari Mohan Meena Vs. State of Rajasthan & Ors.) wherein the co-ordinate Bench of this Court on 06.09.2022 passed the following order:-
“Heard learned counsel for the parties.
It is submitted by the counsel for the petitioner that the order dated 13.07.2022 (Annex.5) placing the petitioner under suspension is without jurisdiction, inasmuch as the order could only be passed by the Agriculture Department; and that the order has been passed without application of mind, inasmuch as the petitioner, though pres
Suspension of an employee must be justified, timely disciplinary proceedings initiated, and clear guidelines followed to prevent undue influence and ensure efficiency.
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 of government servants must be justified by credible evidence and timely disciplinary proceedings, or it risks being deemed punitive.
The currency of a suspension order should not extend beyond three months without serving the charge-sheet and providing reasoned orders for extension, as established by legal precedents.
Suspension should be periodically reviewed and should not be used as a punitive tool.
Point of law: seriousness and gravity of the misconduct contemplated to be enquired into and the material i.e., voice messages along with the complaint by the complainant Anil Proddaturu and recordin....
Suspension of a government servant must be based on serious allegations and objective consideration, with documented reasoning to prevent arbitrariness.
Suspension orders must reflect independent decision-making by statutory authorities and cannot be arbitrary or merely routine; otherwise, they may violate constitutional rights.
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