CW 13890/09 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.13890/09 Dr. Govind Prasad Gupta Versus State & Ors. DATE OF ORDER : 06/11/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Vijay Pathak, for petitioner Counsel submits that petitioner was placed under suspension on 21/06/2003 on the premise that a criminal case under Prevention of Corruption Act has been registered against him. After framing of the charge, only two witnesses have been examined by the prosecution and that apart, Court of Special Judge (ACD cases) at Kota is lying vacant for last two years; as such, trial will take its own time while he is facing agony of suspension since 21/06/2003. Counsel placed reliance on the judgment of this court in Prem Prakash Mathur Vs. State of Rajasthan & Ors. [2005(9) RDD-3962]. Counsel further submits that respondents are now rejecting representation because of circular issued by the Department of Personnel dt.10th August, 2001 without examining the matter independently whenever referred by this Court. CW 13890/09 [2] Without going into merits of the matter at this stage, this court considers it appropriate to direct the petitioner to make a fresh representation and if made within one month, the respondents may examine in exercise of power u/s.13(5) of the Rules taking note of judgment [supra] and without being influenced by the circular dt.10th August, 2001 and decide the same within three months, thereafter, by passing a speaking order in accordance with law. Decision whereof be communicated to the petitioner, who if feels aggrieved, will be free to avail of remedy under law. With above observations, writ petition stands disposed of. [AJAY RASTOGI], J. K.Khatri/p2/ 13890CW09Nov6-SuspRmdy.doc