STATE OF RAJASTHAN AND ORS. Vs. JAGRAJ SINGH

JUDGEMENT

(1.) Exercising powers under Rule 13(2) of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (hereinafter referred to as 'the Rules of 1958'), the Director, Secondary Education Rajasthan, Bikaner, by an order dated 6/7.11.2013, placed the respondent petitioner under suspension on being lodged a case against him at Anti Corruption Bureau, Sriganganagar. Being aggrieved by the order aforesaid he preferred an appeal to the competent authority as per Rule 22 of the Rules of 1958.

(2.) The case of the respondent petitioner before the appellate authority was that the foundation to place him under suspension is absolutely false as he was never trapped while receiving any kind of gratification, though a case was lodged against him on basis of the statement given by co-employee who was trapped red handed. The appellate authority did not choose to decide the appeal on merits by relying upon a circular dated 7.7.2010 providing guidelines to review an order of suspension. As per the circular aforesaid, no order of suspension, if founded on allegation relating to involvement of a Government servant in a case relating to Prevention of Corruption Act, shall be reviewed on merits prior to three years from the date of the grant of sanction for prosecution and filing the charge sheet before the competent court.

(3.) To challenge the order passed by the appellate authority, the respondent petitioner preferred a petition for writ (SB Civil Writ Petition No. 6388/2014) that came to be accepted vide judgment dated 18.2.2015. Learned Single Bench, while accepting the writ petition, held that the remedy given under Rule 22 of the Rules of 1958 is a statutory remedy available to a Government servant and the circulars issued by the Government in its administrative capacity are no bar for filing the statutory appeal prior to period of three years from the date of the grant of sanction by the authority competent and filing of charge sheet before the competent court. Learned writ court directed the respondent petitioner to appear before the appellate authority on 27.2.2015 and further a direction was given to the appellate authority to hear and decide the appeal in accordance with law within a period of one month therefrom. In pursuance to the direction given by the writ court, the respondent petitioner appeared before the appellate authority on 27.2.2015 and further on 15.4.2015. He also submitted certain additional documents to the appellate authority. The appellate authority decided the appeal under an order dated 5.5.2015, though as per the directions given, was required to be decided within a period of one month. Surprisingly enough, the appellate authority this time too decided the appeal by relying upon the circulars dated 7.7.2010 and 12.1.2011 which were held non-applicable by writ court while deciding the writ petition bearing numbers 6388/2014.