Rajasthan High Court – Jodhpur
Rajkumar Aagal vs State Of Rajasthan (2025:Rj-Jd:18160) on 7 April, 2025
[2025:RJ-JD:18160]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 10643/2023
Rajkumar Aagal S/o Shri Nathu Lal Aagal, Aged About 50 Years,
R/o Village Shivrati, Panchayat Samiti And Tehsil Sahada,
District Bhilwara (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Rural
Development And Panchayati Raj Department,
Government Of Rajasthan, Jaipur.
2. Chief Executive Officer, Zila Parishad, Bhilwara.
3. Development Officer, Panchayat Samiti, Sahada, District
Bhilwara.
----Respondents
For Petitioner(s) : Mr. Mukesh Vyas
For Respondent(s) : Mr. Pawan Bharti for
Mr. I.R. Choudhary - AAG
HON'BLE MR. JUSTICE ARUN MONGA
Order (Oral)
07/04/2025
1. Petitioner (a Village Development Officer), is before this
Court seeking quashing of an order dated 20.07.2023 (Annex.-4),
vide which, he was suspended from service in contemplation of
disciplinary proceedings.
2. Vide an interim order dated 24.08.2023 passed by this
Court, operation and effect of the impugned suspension order was
stayed in the following terms:-
“Learned counsel for the petitioner submits that the
petitioner has been placed under suspension by the Chief
Executive Officer who is not his appointing authority. He submits
that the suspension order has been passed in violation of Rule
298A of the Rajasthan Panchayat Raj Rules, 1996.
(Downloaded on 10/04/2025 at 09:32:53 PM)
[2025:RJ-JD:18160] (2 of 5) [CW-10643/2023]
Shri K.K. Bissa, learned counsel for the respondents
submits that the respondents have taken up the case for approval
of the suspension order of the petitioner by District Establishment
Committee.
Matter requires consideration.
Issue notice. Issue notice of the stay application also.
Mr. K.K. Bissa, learned counsel, has put in appearance on
behalf of the respondents, therefore, notice need not be issued to
them.
In the meanwhile and till the next date of hearing, the
suspension order dated 20.07.2023 (Annex.4) shall remain
stayed.
The respondents will be free to apply for the
modification/vacation of the interim order granted by this Court.
Connect with S.B. Civil Writ Petition No.9588/2023.”
3. Apropos, petitioner continues to discharge his services
without being suspended during pendency of the writ proceedings.
4. Controversy as to the powers to be invoked by a
disciplinary / suspending authority to suspend an employee in
contemplation of or during pendency of departmental proceedings
and parameters governing thereof have been decided in a bunch
of connected matters by a detailed order / judgment dated
21.02.2025 wherein lead matter is SBCWP No.1788/2024 (Naresh
Singh Vs. State of Rajasthan & Ors.).
5. The reasons and discussion contained in Naresh Singh’s
judgment ibid shall be read as part and parcel of the instant order
and same are not being repeated for sake of brevity. However, it
is deemed appropriate that the concluding part of the judgment be
reproduced for ready reference, which is as below:-
36. Before parting, it is deemed appropriate that following
guidelines are framed to be followed by Competent Authorities /
Head of Departments of State in those cases where suspension
orders are warranted either in contemplation or pending
departmental proceedings:-
GUIDELINES
(a). Purpose of Suspension: Suspension is not meant as
punishment but serves to protect evidence, prevent witness
influence, and ensure smooth disciplinary proceedings. It should
only be used when absolutely necessary.
(Downloaded on 10/04/2025 at 09:32:53 PM)
[2025:RJ-JD:18160] (3 of 5) [CW-10643/2023]
(b). Discretionary Yet Severe: While suspension is neither
described nor prescribed as a punitive measure, it has serious
repercussions, affecting an employee’s morale, reputation, and
financial stability. It also imposes a financial burden on the
government.
(c). Prudent Exercise of Authority: Authorities must act with
utmost caution, considering all relevant facts before suspending an
employee. The decision should be justified by the need to protect
evidence and witnesses.
(d). Timely Disciplinary Action: If an employee is suspended in
contemplation of disciplinary proceedings, those proceedings must
begin immediately after suspension and be concluded promptly.
(e). Defined Timelines: Specific deadlines should be set for each
stage of disciplinary proceedings, including as below:
i. Initiation – Issuance of charge sheet or show cause
notice.
ii. Response – Submission of the employee’s reply.
iii. Decision – Review of the reply and determination of
further action.
iv. Inquiry – If necessary, initiation and conclusion of a
departmental inquiry.
v. Resolution – Submission and review of the inquiry report,
followed by a final decision by Disciplinary Authority.
(f). Monitoring & Compliance: A mechanism should be
established to ensure adherence to these timelines, with periodic
reviews and remedial actions, including penalties for defaulters or
revocation of unnecessary suspensions.
37. I may also like to make it clear that the aforesaid guidelines
are only in those cases where disciplinary proceedings are either
pending or contemplated and exclude all those cases of suspension
which are owing to either arrest in a criminal proceedings or
pending any criminal investigation and / or criminal trial before a
competent Court.
38. Apart from the guidelines, supra, it is deemed appropriate
that this Court exercises its writ jurisdiction to issue a writ of
mandamus to State of Rajasthan through Secretary Personnel to
ensure that all the competent authorities who have been vested with
the power to suspend a Government servant to adhere to a
reasonable time limit to take further action after suspension order
is passed. It is, therefore, directed that where there are no criminal
proceedings pending, but a Government servant is suspended in
contemplation of departmental proceedings, forthwith steps shall
be taken for initiation of disciplinary proceedings by issuance of
charge sheet or show-cause notice as the case may be, but the same
shall not be later than 30 days with effect from the date of
suspension order. In case charge sheet cannot be issued, then one
extension of another 30 days shall be permissible provided reasons
in writing be recorded and conveyed to the suspended Government
servant.
39. The consequence of non-adherence to the 30 days’ time-limit
or 60 days, as the case may be, shall necessarily lead to an
indefeasible right to seek revocation of the suspension order at the
instance of the suspended Government servant upon his
approaching the suspending authority or by way of filing an appeal
under Rule 22.
(Downloaded on 10/04/2025 at 09:32:53 PM)
[2025:RJ-JD:18160] (4 of 5) [CW-10643/2023]
40. Just as the mandate of timeline to issue charge sheet is to be
followed by the suspending / disciplinary authority, likewise upon a
Government servant approaching the appellant authority under
Rule 22, it shall be incumbent on the appellant authority to dispose
of the appeal either way within a period of 30 days of its being
received in the office of appellant authority. In case the appeal
cannot be disposed of within a period of 30 days, reasons in
writing be recorded and conveyed to the suspended Government
servant.
41. It is directed that the Government of Rajasthan, i.e. through
The Secretary Personnel, shall take appropriate steps to sensitize
the concerned authorities of State Government in this behalf and
also convey the aforesaid mandamus as well as Guidelines to them
for compliance. Registry of this Court is directed to e-mail a copy
of the instant order/judgment to the Chief Secretary as well as The
Secretary Personnel of the State.
CONCLUSION
42. To sum up, though at the cost of repetition, suspension
during disciplinary proceedings is intended not as punishment but
as a necessary measure to preserve critical evidence and prevent
any undue influence over witnesses, thereby ensuring a swift and
efficient process. Although not a punitive action under the Service
Rules, suspension is a drastic discretionary power that can
significantly harm an employee’s morale, reputation, and financial
stability, while also imposing an unnecessary fiscal burden on the
government. Therefore, authorities must exercise the utmost care
and objectivity when deciding to suspend, ensuring that
disciplinary proceedings commence immediately and are expedited,
with the State Government providing clear guidelines to uphold
these principles. If an employee is suspended in contemplation of
disciplinary proceedings, then the further proceedings against him
should be initiated immediately after suspension. Once the
disciplinary proceedings commence-contemplated or pending, the
same should be proceeded with the necessary urgency and
concluded as early as possible. The State Government should issue
appropriate instructions to the concerned authorities to bear in
mind these parameters, while suspending an employee.”
6. Resultantly, the present petition is disposed of with direction to
the respondents (the disciplinary/suspending authority of
petitioner) to take a fresh decision under Rule 13 (5) of the
Rajasthan Civil Services (CCA) Rules, 1958 qua the impugned
suspension order of the petitioner in light of the judgment, ibid.
Till the proposed decision is taken, the interim protection granted
to the petitioner by this court, as above, shall continue to enure to
his benefit. In case the suspension is not revoked by the
disciplinary/suspending authority, a speaking order shall be
(Downloaded on 10/04/2025 at 09:32:53 PM)
[2025:RJ-JD:18160] (5 of 5) [CW-10643/2023]
passed and the petitioner shall be given 30 days to file an appeal
before the appellate authority under Rule 22 of the CCA Rules
1958, who shall decide the appeal within the time limit as
prescribed in the judgment ibid, and the interim order passed by
this Court shall continue to operate in favour of the petitioner
subject to any further orders to be passed by the appellate
authority. All issues raised by the petitioner, including the
administrative competence of the authority which has passed the
impugned suspension order, are left open to be looked into by the
competent / appellate authority, as the case may be.
7. Pending applications, if any, shall also stand disposed of.
(ARUN MONGA),J
230-AK Chouhan/-
(Downloaded on 10/04/2025 at 09:32:53 PM)
Powered by TCPDF (www.tcpdf.org)