Dismissed

Chandrshekhar v. State of Rajasthan

Rajasthan HC2 Nov 2018SAW/1719/2018

Case brief

AI extract

What is this about?

An appeal filed challenging an order that dismissed a writ petition seeking to set aside a suspension order. The High Court held that it could not examine the merits of the charges as a pending revision petition was still adjudicating that issue. Consequently, the suspension order based on the framed charges was found to have no infirmity.

What did the court decide?

The appeal was dismissed as there was no infirmity in the order upholding the suspension.

Chandrshekhar Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Spl. Appl. Writ No. 1719/2018

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Chandrshekhar S/o Sh. Chhaganlal, Aged About 45 Years, Near Police Chowki, Village Ghanerao, Tehsil Desuri, District Pali (Raj.).

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Versus

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State Of Rajasthan, Through Secretary To The Government, Rural Development And Panchayati Raj Department, Jaipur.

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Joint Secretary-Cum-Deputy Commissioner (Enquiry), Rural Development And Panchayati Raj Department, Jaipur.

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Vikas Adhikari, Panchayat Samiti, Desuri, District Pali.

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----Respondents

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For Appellant(s) : Mr. Sandeep Shah For Respondent(s) :

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HON'BLE MS. JUSTICE NIRMALJIT KAUR HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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02/11/2018

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The present appeal has been filed challenging the order dated 23.10.2018 vide which the writ petition praying for setting aside the impugned order of suspension was dismissed.

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While praying for setting aside the order dated 23.10.2018, learned counsel for the appellant submitted that the appellant was suspended for the charges framed against him under Sections 420, 467, 468, 471 and 120-B of the IPC wherein, the allegation against him was that he has helped his wife to fabricate her documents. Hence, the said charges were actually framed against his wife and the petitioner has been simply enroped with the help

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(2 of 2)

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[SAW-1719/2018]

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of Section 120-B IPC. Whereas, admittedly, it is not his documents which were fabricated but the documents of his wife were fabricated and it was his wife who stood in the election on the basis of the said fabricated documents. Further, the order of suspension is based on the charges which is actually not the charge against him. Hence, the order was without application of mind.

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In order to ascertain the truth, we look into the impugned order on the basis of which the suspension order was passed. We find that the basis for passing the suspension order is the same as detailed in the charges framed against the petitioner in the order dated 10.01.2018 (Annexure-3). Admittedly, the petitioner has challenged the order of the framing of charges in the revision petition which is still pending. Till as such time the charges are modified or set aside, this Court cannot go into the question or the merits as to the said charges framed against the petitioner in its jurisdiction under Article 226 of the Constitution of India. As on date, the charges stand framed against the petitioner. Hence, the competent authority had no choice but to pass appropriate order under Section 38(4) of the Rajasthan Panchayati Raj Act, 1994.

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Accordingly, we find no infirmity in the order dated 23.10.2018 passed by learned Singly Bench of this Court.

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Dismissed accordingly.

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(VINIT KUMAR MATHUR),J

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(NIRMALJIT KAUR),J

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Arvind/85

Chandrshekhar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Chandrshekhar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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