- (1.) THE Deputy Secretary to the Government of Rajasthan, Department of Personnel (Group-3 Complaints), Jaipur under an order dated 01.11.2012 treated the petitioner under suspension w.e.f. 6.10.2012 as he was detained in custody for a period of more than 48 hours. Being aggrieved by the same, this petition for writ is preferred.
(2.) IN brief, the facts of the case are that the petitioner, a Deputy Director, Directorate of State Insurance and Provident Fund is facing proceedings before the court of Special Judicial Magistrate (Negotiable Instrument Cases), No.1, Udaipur for commission of an offence punishable under Section 138 of the Negotiable Instruments Act, 1881. A bailable warrant was issued by the Court to procure his appearance but despite service he failed to attend the Court, thus, a standing warrant of arrest was issued and in pursuant thereto he was arrested and produced before the Court on 6.10.2012. On 6.10.2012 itself the petitioner moved an application seeking his release on bail, but the application was adjourned for 8.10.2012 and he was sent to judicial custody. On 8.10.2012, as a consequent to acceptance of the bail application the petitioner was released from judicial custody. The Deputy Secretary to the Government of Rajasthan, Department of Personnel (Group-3 Complaints) vide the order impugned dated 01.11.2012 treated the petitioner under suspension w.e.f. 6.10.2012 in view of the provisions of Sub- Rule (2) of Rule 13 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (hereinafter referred to as 'the Rules of 1958').
(3.) WHILE questioning correctness of order of suspension, it is submitted by learned counsel for the petitioner that the case in which the petitioner was detained in custody is having no connection with his service and that in no manner adversely affects the public image of the Department, as such, his suspension is unwarranted. It is asserted that powers under Rule 13 of the Rules of 1958 are required to be exercised by the competent authority quite cautiously and only in the cases where suspension is necessary to prevent tampering with of evidence or to maintain public confidence in public service.;