Appeal against dismissal of writ petition challenging suspension order. Bench observed suspension remains valid but directed completion of departmental enquiry within four months before retirement.
Appeal disposed with direction to complete departmental enquiry within four months from order receipt.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Spl. Appl. Writ No. 528/2021
Prahalad Rai Ameriya S/o Shri Harlal Ameriya, Aged About 59 Years, By Caste Khateek, R/o 20, Chamti Khera Road, Vinayak Nagar, Setu Marg, Chittorgarh (Rajasthan).
----Appellant
----Respondents
For Appellant(s) : Mr. Shambhoo Singh Rathore For Respondent(s) : Mr. Sunil Beniwal, AAG
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment
22/10/2021
This appeal is filed by the original petitioner against the judgment passed by the learned Single Judge dated 10.08.2021 in Civil Writ Petition No.9065/2021.
The petitioner was working as Managing Director, Central Cooperative Bank, Dungarpur. He was placed under suspension by an order dated 05.07.2021, which he had challenged in the writ petition. The learned Single Judge having dismissed the petition, he has filed this appeal.
Learned counsel for the appellant-petitioner submitted that when the order of suspension was passed, departmental charge-
(2 of 2)
[SAW-528/2021]
sheet was not issued by the employer. However, this cannot be a ground on which suspension order can be set aside. The service Rule pointed out also envisages suspension on the basis of contemplated departmental enquiry. Admittedly, the charge-sheet was subsequently issued. In absence of clear case of mala fide or breach to statutory rules, the order of suspension cannot be lightly interfered.
Learned counsel for the appellant-petitioner, however, submitted that the appellant-petitioner is going to retire from 31.12.2021. Under the circumstances, let the respondents complete the departmental enquiry expeditiously and preferably within four months from the date of receipt of copy of this order. With these observations, the appeal is disposed of.
(SANDEEP MEHTA),J (AKIL KURESHI),CJ
31-MohitTak/-
2 issues framed by the court
Whether suspension order can be interfered with given pending departmental enquiry near retirement.
Whether respondents must complete departmental enquiry expeditiously before retirement.
Prahalad Rai Ameriya
The State of Rajasthan, Through Principal Secretary, Rajasthan Co-Operative Department
Akil Kureshi
Sandeep Mehta
As recorded by the court registry
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