- (1.) COUNSEL submits that the petitioner while holding the post of Lower Division Clerk, was placed under suspension vide order Anx. 1 dt. 28/07/2003 on account of a criminal case No. 167/1997 being registered against him under the Prevention of Corruption Act. COUNSEL submits that after filing of the charge sheet in the competent court of jurisdiction i.e. ACD, Kota, no progress in the trial has taken place and as per his information no Presiding Officer has been posted for last more than one year and at the same time the petitioner is facing agony of suspension for last six years and the criminal case instituted against him will take its own time.
(2.) COUNSEL has placed reliance on judgment of this Court reported in 2005(9)RDD 3962(Raj.), Prem Prakash Mathur Vs. State of Rajasthan&Ors. decided on 20/09/2005 COUNSEL further submits that the Circular issued by the State Government dt. 10/08/2001 will not supersede the statutory requirement to be complied with by the authority under Rule 13(5) of the Rules. Without going into merits of the matter this Court considers it appropriate to direct the petitioner to make a fresh representation for review/reconsideration of the order of suspension dt. 28/07/2003 (Anx.1) before the competent authority under Rule 13(5) of the Rules, 1958 who may independently examine the same without being influenced by the instructions dated 10th August, 2001 and may also take note of the judgment referred to (supra) and pass speaking order within three months thereafter and decision may be communicated to the petitioner and if still he is aggrieved, will be free to avail the remedy under law. With these directions, the petition stands disposed of accordingly.;