(1.) THE instant writ petition has been filed for quashing the order dated 20.9.1996 (Annx.6), by which petitioner, an Officer of the Rajasthan Administrative Service cadre, has been put under suspension, being involved in a criminal case.
(2.) THE facts and circumstances giving rise to this case are that petitioner remained posted as the Sub-Divisional Officer cum Land Conversion Officer, Jodhpur from 12.9.91 to 31.3.1992. It transpired that during that period, seventy-eight files of his office were found missing and forty-eight files therefrom were recovered. In all those cases, orders of conversion of land from agriculture to residential had been passed on 23.11.89 by some another officer, i.e. predecessor-in-office of the petitioner. In some cases Pattas had been issued on 20.3.92 & 30.3.92, i.e. during the period when petitio- ner was posted there. THEse Pattas purported to have been signed by the petitioner. In this respect, disciplinary proceedings had been initiated against several officers/employees and criminal prosecution was also launched. In both these proceedings, it is became evident that petitioner's signatures had been forged and he was examined as a witness of the Department in the disciplinary proceedings held against certain other employees. However, on the criminal side, charges have been framed against large number of persons including petitioner vide order dated 28.8.98 and the case is pending. It is in view of pendency of the criminal proceedings that the impugned suspension order has been passed against the petitioner by the Disciplinary Authority in exercise of the powers u/Sec.13 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short, "the C.C.A. Rules"). Hence this petition.
(3.) A Constitution Bench of the Supreme Court in R.P. Kapur vs. Union of India & Ors. (1), observed that the Authority competent to appoint a public servant would be entitled to suspend him during pendency of the departmental enquiry into his conduct or pending a criminal case.
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