The court upheld the legitimacy of the applicant's suspension extension under CCS (CCA) Rules due to ongoing criminal proceedings concerning moral turpitude, justifying the action despite the duration.

ORDER

Per: Hon’ble Shri Lok Ranjan, Member (A)

The present Original Application had been filed by the Applicant against the impugned Order dated 17.08.2023 of Respondent No.3, whereby the Applicant’s previous suspension vide Order dated 28.02.2023 had been extended/continued for a further period of 90 days, i.e. till 21.11.2023.

2. Based on the pleadings of the parties on record, the relevant matrix of facts in the present case had emerged to be as follows, briefly. A complaint was received in Police Station Kotwali, Dausa from one Prabhulal Sharma, Superintendent of Vikramadiya Mahila T.T. College, Dausa that at the Clerk Grade-II Recruitment Examination-2020 of Rajasthan High Court that was organised at the said College with Centre Code No.15037 on 13.03.2022, an information regarding appearance of dummy candidatehad been received. A related FIR No.136/2022 dated 13.03.2022 had been registered at KotwaliPolice Station, Dausafor offence under Section [419, 420, 120B ] of Indian Penal Code ( IPC ) and Section [3, 4, 6] of Rajasthan Public Examination (Measures for Prevention of Unfair Means in Recruitment)[RPE(MPUMR)] Act- 1992. During investigation, the Applicantwho had been working on the post of Multi-Tasking Staff (MTS) in the Respondent Department (Revenue/Income-Tax) at Sawai Madhopur,had also been taken into custody by the Special Operations Group (S.O.G.) of Rajasthan Police on 25.02.2023. Thereafter, upon receipt of information vide communication dated 27.02.2023 from S.O.G. regarding the arrest of the Applicant as such, he was deemed to have been suspended vide impugned Order dated 28.02.2023 of the Joint Commissioner of Income Tax (RU)-1(2), i.e. the Respondent No.3 on the ground of detention by police for a period exceeding forty-eight hours, in terms of Sub-Rule (2) of Rule-10 of the CCS (CCA) Rules-1965.After being in police custody, he had been remanded to judicial custody on 04.03.2023, from where he had been released on bail on 06.04.2023 in pursuance to the Order dated 04.04.2023 of the Hon’ble High Court, Jaipur.

3. Subsequently, his said suspension had been reviewed in accordance with the provisions of Sub-Rule-(5, 6) of Rule-10 of the CCS (CCA) Rules-1965 , by the designated Review Committee on 17.08.2023. After considering the facts and circumstances of the case and material placed on record – inter alia that the charge-sheet had been filed by the Inquiry Officer under under Section [420, 120B of IPC and Section [4/6,6A] of the RPE(MPUMR) Act-1992, before the CJM, Dausa wherein the Applicant was charged with involvement in unauthorized possession/disclosure of question paper against wider public interest – the designated Review Committee had recommended to continue the suspension of the Applicant for a further period of 90 days, i.e. up to 21.11.2023, which had accordingly been ordered by Respondent No.3 vide the impugned order dated 17.08.2023.

4. Aggrieved by the impugned Order dated 17.08.2023 of the Respondent No.3 for extension of his suspension up to 21.11.2023, the Applicant had filed the present O.A. No.514/2023 dated 25.09.2023 before this Tribunal, seeking the substantive reliefs that the impugned order dated 17.08.2023 of the RespondentNo.3 be quashed and set aside; that the Respondents be directed to revoke the suspension of the Applicant and accordingly 100% salary be given to the Applicant ; and the Respondents be also directed to provide promotion to Applicant purportedly as per his entitlement.

5. It was the case of the Applicant that he hadno connection with the alleged offence ; an