High Court Bench at Jaipur directed respondents to consider revoking the petitioner's suspension within 60 days by passing a reasoned order, relying on Supreme Court guidelines on suspension duration.
Direction to respondents to consider revocation of suspension within 60 days by passing a reasoned order; interims continued.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 442/2020
Ram Swaroop Choudhary Son Of Shri Omkar Jat, Aged About 48 Years, Resident Of 566, G-2, Surya Nagar, Gopalpura Bypass, Jaipur (Rajasthan).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Vijay Dutt Sharma, Adv. For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
17/08/2021
“21. We, therefore, direct that the currency of a suspension order should not extend beyond three months if within this period the memorandum of charges/charge-sheet is not served on the delinquent officer/employee; if the memorandum of charges/charge-sheet is served, a reasoned order must be passed for the extension of the
[CW-442/2020]
(2 of 3)
suspension. As in the case in hand, the Government is free to transfer the person concerned to any department in any of its offices within or outside the State so as to sever any local or personal contact that he may have and which he may misuse for obstructing the investigation against him. The Government may also prohibit him from contacting any person, or handling records and documents till the stage of his having to prepare his defence. We think this will adquately safeguard the universally recognised principle of human dignity and the right to a speedy trial and shall also preserve the interest of the Government in the prosecution. We recognise that the previous Constitution Benches have been reluctant to quash proceedings on the grounds of delay, and to set timelimits to their duration. However, the imposition of a limit on the period of suspension has not been discussed in prior case law, and would not be contrary to the interests of justice. Furthermore, the direction of the Central Vigilance Commission that pending a criminal investigation, departmental proceedings are to be held in abeyance stands superseded in view of the stand adopted by us.”
[CW-442/2020]
(3 of 3)
(INDERJEET SINGH),J
Jyoti/400
2 issues framed by the court
Whether the respondents must consider revoking the petitioner's suspension within 60 days with a reasoned order.
Whether suspension can extend beyond three months without service of charges or a reasoned extension order.
Colour shows how this judgement treated each authority
Ajay Kumar Choudhary Vs. Union of IndiaRelied on¶17
Ajay Kumar Choudhary Vs. Union of India (UOI) and Ors. Reported in 2015(7) Supreme Court Cases, 291
Ram Swaroop Choudhary
State Of Rajasthan
Commissioner, Food And Civil Supplies Department
Additional Commissioner, Food And Civil Supplies Department
District Collector, Jaipur
District Supply Officer, Jaipur-Ii
Inderjeet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
