1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. O R D E R MOHAN LAL V. THE STATE OF RAJASTHAN & ANOTHER. S. B. CIVIL WRIT PETITION NO.5329/2006 Under Article 226 of the Constitution of India. DATE OF ORDER 21/02/2008 PRESENT HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI Mr. Kuldeep Mathur, for Petitioner. Mr. Shyam Ladrecha, State Counsel, for Respondents. BY THE COURT: There is a challenge to the order dated 27th July, 1994, by way of this writ petition. By the aforesaid order, the petitioner was placed under suspension, after a decision was rendered by this Court setting aside the order of dismissal passed by the respondents on the earlier occasion. 2 According to the learned counsel for the petitioner, there is no justification to maintain the order of suspension, being a case of wrong suspension, inasmuch as, almost more than 14 years' period has expired after passing the order of suspension and the respondent could not complete the inquiry during the aforesaid period. Referring to the reply in para 20, at page 116, it was shown that no reasonable cause could be furnished by the respondent, regarding non-completion of inquiry, rather the grounds given in the aforesaid para are not sustainable. Learned counsel for the respondents submits that despite of all efforts made, inquiry could not be completed as the record of the present petitioner could not be made available in time and, otherwise, record is found to be in poor condition. In my opinion, neither the reasons given by the learned counsel for the respondents furnish any explanation, regarding delay in completion of inquiry, nor the reply regarding continuation of the petitioner on suspension for a period of 14 years, when during the period of suspension, an employee gets subsistence allowance to the extent of 50% or the 75% of the salary without working and, in the present matter, when the suspension is prolonging nearly for a period of 14 years, there seems to be no justification to continue the suspension any 3 more. In view of the above, the order of suspension dated 27th July, 1994 is set aside and the respondents are directed to take petitioner on duty. So far as the treatment regarding the annual benefit of the intervening period of suspension is concerned, same would remain subject-matter of the inquiry. However, looking to the long pendency of the inquiry, respondents are directed to complete the inquiry within a period of six months from the date of receipt of a copy of this judgment and necessary orders for denial or grant of benefit of the intervening period of suspension should also be passed thereupon. With the aforesaid directions, the writ petition is disposed of. (M.N.BHANDARI),J. Scd 4 5