CIVIL WRIT PETITION No. 3967 of 2009 · Rajasthan High Court

Hon'ble Mr. Justice Ajay Rastogi Mr. Vishawjit Mantri, for petitioner Mr. SS Shekhawat, for respondent Matter has come up on application U/Art.226(3) of the Constitution seeking vacation of interim order dt.15/04/09. Looking to nature of controversy raised, this Court has heard the matter on merits. Petitioner while working as Helper Gr.II was placed under suspension because of criminal case registered for offence U/s 13(1) (d) & 13(2) of Prevention of Corruption Act read with S.120-B, IPC vide order dt.25/03/09 (Ann.4). Main grievance of petitioner is that he was not specifically named by complainant at whose behest first information report was registered and only during police inquiry, petitioner has also been named and finally criminal case was registered making him accused in FIR-55/2009 and even from a perusal nothing has been averred in the report - on the premise of which, case has been registered CW 3967/09 //2// and he has been placed under suspension. It appears that complaint was registered against three employees who have been arrayed as accused and petitioner is also one of them and after inquiry, criminal case has been registered against them for offence U/s 13(1)((d) & 13(2) of PC Act, 1988 read with S.120-B IPC and they were placed under suspension by the authority vide order dt.25/03/09. Under Reg.22(4) of Regulations, 1975, appointing authority is competent to place employee/workman under suspension where a case against him in respect of any criminal offence is under investigation or trial. In instant case, criminal case under PC Act has been registered on 20/03/09 which has been taken note of by the authority in placing him under suspension. This Court does not find any error being committed in taking decision impugned. Consequently, writ petition fails and is hereby dismissed. No costs. (Ajay Rastogi), J. K.Khatri/p.2/