R.R.YADAV, J. - (1.) THE petitioner has filed the present writ petition challenging the impugned suspension order dated 15.1.1996 (Annx. P/2) on the ground, inter alia, that since no disciplinary enquiry is pending against him, therefore, he cannot be suspended.
(2.) THE aforesaid argument advanced on behalf of the petitioner is misplaced within the meaning of Paragraph 17 of the Rajasthan Land Revenue (Land Records) Rules, 1957 read with Rule 13 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958, which clearly provides that a delinquent employee can be placed under suspension even if a disciplinary proceedings against him is contemplated. Pendency of disciplinary proceedings against a delinquent officer is not a condition precedent to place him under suspension. It is true that the services of the petitioner, who is working as a patwari, are governed by Rajasthan Land Revenue (Land Records) Rules, 1957 (for short 'the Rules of 1957') but the amending the said Rules by Notification dated 10.9.1985, paragraph 14 has been inserted by virtue of which Rajasthan Civil Services (Classification, Control and Appeal), Rules, 1958 (for short 'the CCA Rules of 1958'), has been made applicable in the matter of disciplinary action against Patwaris.
(3.) IT is next contended by the learned counsel for the petitioner that the petitioner is involved in a petty criminal case pending trial for the offences under Sections 342, 323, 147 and 148, IPC, therefore his suspension is illegal. In order to appreciate the aforesaid contention, it would be profitable to quote Rule 13 of the CCA Rules of 1958, which reads thus - 13. Suspension: (1) The Appointing Authority or any authority to which, it is sub -ordinate or any other authority empowered by the Government in that behalf may place a Government Servant under suspension. (a) where a disciplinary proceedings against him is contemplated or is pending or (b) where a case against him in respect of any criminal offence is under investigation or trial. ;