The High Court of Rajasthan dismissed the appeal filed by an appellant manager suspended pending a departmental enquiry. Upholding the single judge's order, the bench held that suspension is a recognized service jurisprudence power and allegations of mala fide were unproven.
The appeal and the interim application were dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Spl. Appl. Writ No. 480/2021
Vijay Panday S/o Shri Om Prakash Panday, Aged About 58 Years, Working As Deputy Manger (Quality Control) Bhilwara Zila Dugdh Utpadak Sakari Sangh Ltd Bhilwara, R/o 37 Part B East Extenion Subhash Nager Bhilwara
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Bhanu Prakash Mathur For Respondent(s) : ---
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment
22/10/2021
This appeal is filed against the order of the learned Single Judge dated 02.08.2021 passed in Civil Writ Petition No.9684/2021.
The appellant-original petitioner was working as Deputy Manager (Quality Control), Bhilwara Zila Dugdh Utpadak Sakari Sangh Limited respondent No.3. He was placed under suspension by an order dated 17.07.2021, which he had challenged in the writ petition on the ground that the order was passed mala fide and that no departmental enquiry was instituted. The learned Single Judge dismissed the writ petition holding that it was open to
(2 of 2)
[SAW-480/2021]
suspend the appellant-petitioner on the ground of contemplated departmental enquiry.
Having heard learned counsel for the appellant, we do not see any reason to interfere. Firstly, the allegations of mala fide are not established through any reliance evidence. In fact, no person in the personal capacity as respondent can answer the allegations of mala fide. Secondly, the service jurisprudence recognizes the power of the employer to place the employee under suspension pending departmental enquiry whether instituted or contemplated. By now, even the charge-sheet has been filed.
Under the circumstances, the appeal is dismissed. Dismissal of the appeal, however, would not preclude the appellantpetitioner from pursuing the representation to the higher authorities. Interim Application is also dismissed.
(SANDEEP MEHTA),J 5-MohitTak/-
(AKIL KURESHI),CJ
2 issues framed by the court
Whether the High Court should interfere with the lower court's order upholding the suspension of an employee pending a departmental enquiry.
Whether allegations of mala fide can be established without specific reliance evidence.
Vijay Panday
The State Of Rajasthan
Managing Director, Rajasthan Co-Operative Dairy Federation
Managing Director, Bhilwara Zila Dugdh Utpadak Sakari Sangh Ltd
Akil Kureshi
Sandeep Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
