ORDER :

ANAND SHARMA, J.

1. Learned counsel for the petitioners have challenged the order dated 27.03.2025 passed by Deputy Secretary, Department of Personnel, Government of Rajasthan, Jaipur whereby, the petitioners were placed under suspension in contemplation of enquiry under Rule 16 of Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958.

2. Learned counsel for the petitioners would submit that, it would reveal from bare perusal of the charge-sheet that the disciplinary enquiry has been instituted against the petitioners alleging irregularities in carrying out some project while they were posted in the office of Executive Engineer Project Division Ist, Pali in the year 2022. However, at the time when suspension order dated 27.03.2025 was issued the petitioners were posted at Jhunjhunu and Sanchore City respectively, which are admittedly situated at long distance from district Pali. It is submitted that after placing the petitioners under suspension, even charge-sheet has been framed and served upon the petitioners and the petitioners have submitted their reply to the charge-sheet. Thus, under these circumstances where, definite charges have been framed by the respondents and replied by the petitioner, at this stage, when the petitioners are not posted at Pali, by no stretch of imagination, there can be any possibility of tampering with any evidence or influencing any witness by the petitioners. Learned counsel submits that even otherwise, no rational object is sought to be achieved by continuing the petitioners under suspension for uncertain period, where the Government itself is paying subsistence allowance @ 75% to the petitioners without asking them to discharge their duties in the office.

3. Learned counsel submits that the suspension order was challenged by the petitioners by way of filing appeal before the Rajasthan Civil Services Appellate Tribunal, Jaipur where split verdict has been given by the Tribunal in the ratio of 2:1 to dismiss the appeal filed by the petitioners. Learned counsel for the petitioners also relied upon the judgment of Coordinate Bench of this Court in the case of Vivek Singh Vs. State of Rajasthan & Ors. in S.B. Civil Writ Petition No. 14761/2025 decided on 05.12.2025.

4. Per contra, learned counsel for the respondents vehemently opposed the writ petition and submitted that as the petitioners were indulged in serious financial irregularities therefore, in contemplation of departmental enquiry, they were placed under suspension. It is further submitted that looking to the seriousness of the misconduct, the charge-sheet under Rule 16 of the Rules of 1958 has been issued to the petitioner. Learned counsel submits that only in order to obviate the possibility of tampering with evidence and influencing witness, the petitioners have been placed under suspension and in case, the suspension is revoked, there is a possibility that, they may use their influence either for destroying the evidence or for influencing the witnesses. 5. Heard learned counsel for the parties and perused the record.

6. In the light of the above facts, where for the incident, which took place in the year 2022, the petitioners were placed under suspension in the year 2025, more so, when at the time of issuance of suspension order, both of them were not continuing at Pali, where the said incident of financial irregularity has taken place. Even otherwise, it is not disputed that after issuing the suspension order, both the petitioners have been served with charge-sheet and they have already filed their reply. Thus, the defence available to the petitioners against the charge-sheet has already been disclosed by them. Since, they are not posted at the same place where the said incident had taken place, therefore, in the similar circumstances Coordinate Bench of this Court at Principal Seat, Jodhpur in the case of Vivek Singh (Supra), has held as under:

"11. After examining the record and considering the submissions and