CW 14367/2009 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH Civil Writ Petition No. 14367/2009 Om Prakash Garg Versus State & Ors DATE OF ORDER : 19/11/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Naseemuddin-Quazi, for petitioner. Counsel submits that petitioner while holding the post of Assistant Accounts Officer was placed under suspension on account of a criminal case (FIR-6/2005) being registered against him on 19/01/2005. He further submits that no charge has been framed against him in the criminal case so far and he is facing agony of suspension for almost five years by now. 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 the representation/review of suspension submitted by the employee under Rule 13(5) of the Rajasthan Civil Services (CCA)Rules, 1958. Counsel 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 (2009 CW 14367/2009 [2] WLC (UC) 701). Counsel 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 Court considers it appropriate to direct the petitioner to make a fresh representation for review/reconsideration of the order of suspension dt.19/01/05 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 judgment referred to (supra) and pass speaking order within three months thereafter and decision may be communicated to the petitioner and if still he is aggrieved, will be free to avail the remedy under law. With these directions, the petition stands disposed of accordingly. [AJAY RASTOGI], J. K.Khatri/p.2/ 14367CW09Nov19PrlngSuspRep.doc