Order

26/03/2025

1. Petitioner (a VDO), is before this Court seeking quashing of an order dated 26.12.2019 vide which he was suspended from service. Vide an interim order dated 08.07.2020 passed by this Court, operation and effect of the impugned suspension order was stayed in the following terms:-

“Mr. Vyas, learned counsel for the petitioner submits that the impugned suspension order dated 26.12.2019, which has been passed by the Block Development Officer is per-se without jurisdiction as the power to suspend lies with the District Establishment Committee. He relies upon the interim order dated 1.7.2020 passed in SBCWP No.4939/2020 (Gafoor Khan Vs.

State of Rajasthan & Ors.).

Issue notice. Issue notice of the stay application also, returnable within six weeks.

Meanwhile, effect and operation of the order dated

26.12.2019 placing the petitioner under suspension shall remain stayed.”

2. Apropos, petitioner continues to discharge his services without being suspended during pendency of the writ proceedings. 3. Controversy as to the powers to be invoked by a disciplinary / suspending authority to suspend an employee in contemplation of or during pendency of departmental proceedings and parame