CWP-15890/10 (1) In the High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R S.B. Civil Writ Petition No.15890/2010 Rameshwar Singh Vs. State of Raj. & Ors. Date of Order :: 06/12/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Kaleem Ahmed Khan, for petitioner. Counsel submits that petitioner while holding the post of Constable was placed under suspension vide order dt.08.12.1999 on account of criminal case being registered against him under the provisions of Prevention of Corruption Act and at the same time the suspension order was revoked on four different occasions vide orders dt.25.01.2000, 14.08.2000 and 13.08.05. However, again the petitioner was placed under suspension on 20.08.05 (Annx.9) and since then he is continuously under suspension and after charge being framed, matter is pending for recording prosecution evidence and trial will take its own time and virtually he is facing agony of suspension for almost 12 years by now. Counsel submits that action of the respondents is wholly without application of mind and after he being reinstated on four different occasions there was no justification available to again place him under suspension in August,05 and even thereafter almost more than five years have rolled by now and he is facing agony of CWP-15890/10 (2) suspension. He further submits that without examining the continuation of suspension as to whether it is required or not, the authorities are blindly invoking the circular of the State Government dt.10th August, 2001 while deciding representation/review of suspension submitted by the employee under Rule 13(5) of the Rajasthan Civil Services (CC&A) Rules, 1958. He has further placed reliance on a judgment of this Court reported in Prem Prakash Mathur Vs. State of Rajasthan & Ors (2005(9) RDD 3962 (Raj.) & Vishnu Kr. Gupta Vs. State & Ors. (2009 WLC (UC) 701). He submits that the Circular issued by the State Government dt.10/08/2001 will not supersede the statutory requirement which is to be complied with by the authority under Rule 13 (5) of the Rules. Without going into merits of the matter, this writ petition is disposed of with the directions to the petitioner to make a fresh representation for reconsideration/ review of the order of suspension dt.20.08.2005 (Ann.9) before the competent authority under Rule 13(5) of the Rules, 1958 who may independently examine the same without being influenced by the instructions dated 10th August, 2001 and may also take note of the CWP-15890/10 (3) judgments (supra) and pass speaking order within three months thereafter and decision may be communicated to the petitioner who if still feels aggrieved, will be free to avail the remedy under law. (Ajay Rastogi), J. VS Shekhawat/- 15890cw10Dec06PrlngSuspDeRep(13(5).doc