Disposed

Sajan Singh Gurjar S/O Kailash Chand Gurjar v. State of Rajasthan

Rajasthan HC13 Apr 2022CW/2447/2022

Case brief

AI extract

What is this about?

In this special leave petition, the High Court of Rajasthan directed the respondents to consider the petitioner's case for revocation of suspension within 60 days, citing Supreme Court guidelines and applicable service rules, to safeguard the employee's rights.

What did the court decide?

Direction to respondents to consider the case of the petitioner for revocation of suspension within 60 days by passing a speaking and reasoned order.

Sajan Singh Gurjar S/O Kailash Chand… — Pension and Retirement Benefits | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 2447/2022

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Sajan Singh Gurjar S/o Kailash Chand Gurjar, Aged About 32 Years, R/o Vill- Sungari, Teh- Baswa, District Dausa Rajasthan At Present Posted As Junior Accountant (Suspended) Link Number 43401, At Treasury Office, Alwar, Rajasthan

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Principal Secretary, Department Of Finance, Government Of Rajasthan, Secretariat Jaipur (Rajasthan)

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The Director, Directorate Office Of Department Of Trasuries And Accounts, Rajasthan, Vitt Bhawan, Janpath, Jaipur, Rajasthan

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----Respondents

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For Petitioner(s)	: Mr. Sudhir Yadav
For Respondent(s)	: Dr. Ganesh Parihar,AAG

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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13/04/2022

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The matter pertains to suspension of the petitioner.

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The Hon’ble Supreme court in the matter of Ajay Kumar Choudhary Vs. Union of India (UOI) and Ors. Reported in 2015(7) Supreme Court Cases, 291 in para No.21 has held as under:“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 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

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(2 of 2)

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[CW-2447/2022]

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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 time-limits 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.”

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In view of the judgment passed by the Hon’ble Supreme Court in the matter of Ajay Kumar Choudhary Vs. Union of India (supra) and in view of Rule 13(5) of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958, I deem it just and proper to direct the respondents to consider the case of the petitioner for revocation of suspension within a period of 60 days by passing a speaking and reasoned order strictly in accordance with law. However, the petitioner is at liberty to file fresh writ petition if need so arises.

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Ordered accordingly. The writ petition so also the stay petition stands disposed of.

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(INDERJEET SINGH),J

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JYOTI /167

Sajan Singh Gurjar S/O Kailash Chand Gurjar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sajan Singh Gurjar S/O Kailash Chand Gurjar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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