Disposed

Ramji Lal v. State of Raj and Anr.

Rajasthan HC5 May 2011CW/6023/2009

Case brief

AI extract

What is this about?

This order in a writ petition regarding the petitioner's long-standing suspension due to a pending corruption case. The court did not decide on merits but directed the petitioner to file a fresh representation for review under Rule 13(5) of CCA Rules, 1958.

What did the court decide?

Direction to petitioner to make a fresh representation for reconsideration/review of suspension order before competent authority within three months.

Ramji Lal Vs State of Raj and Anr. — Pension and Retirement Benefits | Rajasthan HC (2011)

¶1

CW 6023/09

¶2

//1//

¶3

In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.6023/2009 Ramji Lal Versus State & Ors

¶4

Date of Order ::: 05/05/2011

¶5

Hon'ble Mr. Justice Ajay Rastogi

¶6

Mr. Sandeep Kr. Sharma, for petitioner. Mr. SZ Ali, Dy. Govt. Counsel for respondents

¶7

Counsel submits that petitioner was placed under suspension vide order dt. 20/04/2002 upon a criminal case being registered against him for offence punishable under Prevention of Corruption Act. Counsel submits that after the charge sheet being filed, no effective progress has taken place and criminal case is lingering on and may take its own course while he is facing agony of suspension for about nine years having rolled by now.

¶8

Counsel submits that State Government issued circulars dt.07/07/2010 & dt.12/01/2011 constituting a Committee to consider cases of such public servants who are placed under suspension due to criminal cases being registered under Prevention of Corruption Act/ Indian Penal Code and are continuing under suspension for last more than three years, for review/reconsideration and pursuant thereto, the Committee has not taken a decision for review of suspension U/r 13(5) of Rajasthan

¶9

CW 6023/09

¶10

//2//

¶11

Civil Services (CCA) Rules, 1958.

¶12

Counsel placed reliance on a judgment of this Court in Prem Prakash Mathur Vs. State of Rajasthan & Ors (2005(9) RDD 3962 (Raj.) & Vishnu Kr. Gupta Vs. State (2009 WLC (UC) 701) . Counsel submits that the Circular dt.10/08/2001 issued by State Govt. will not supersede statutory requirement to be complied with by the authority U/r 13(5) of CCA Rules.

¶13

Without going into merits, writ petition is disposed of with the direction to the petitioner to make a fresh representation for reconsideration/review of the order of suspension impugned, pursuant to Circulars dt. 07/07/2010 & dt.12/01/2011 before competent authority U/r 13(5) of CCA Rules, who may independently examine the same without being influenced by the instructions dt.10/08/2001 and may also take note of judgments (supra) and pass speaking order within three months thereafter and decision may be communicated to the petitioner who if still feels aggrieved, will be free to avail the remedy under law.

¶14

K.Khatri/p.2/
6023CW2009May5PCSuspJulyJn22Rep.doc

Ramji Lal v. State of Raj and Anr.

Case brief

What is this about?

What did the court decide?

Ramji Lal v. State of Raj and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shri Ganga Lal Gurjar and Ors. Vs State of Raj and Ors.

Abdul Zaheed Khan Vs State of Raj and Ors.

Shyam Lal Vs State of Raj and Ors.

Anil Kumar Sharma Vs the Excise Commissioner Raj andA

Valentino International Pvt. Vs Dugar Securities Ltd.

Ram Swaroop Vs State of Raj and Ors.