SBCWP6721/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.6721/2010 Roop Singh Vs. The State of Rajasthan and Another Date of Order ::: 12.05.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Banwari Sharma, Counsel for petitioner #### By the Court:- Contention of learned counsel for petitioner is that petitioner, who is presently holding post of Sub Inspector in Police Department, on account of a criminal case being registered against him under Prevention of Corruption Act, was placed under suspension vide order dated 01.08.1998. However, challan has been filed on 06.02.2002 and charges have been framed on 01.02.2003 against the petitioner but the trial has not been concluded till date and it will take its own time. The petitioner is facing agony of suspension for almost eleven years and nine months by now. The petitioner although made application for reconsideration under Rule 13(5) of the Rajasthan Civil Services (Classification Control and Appeal) Rules, 1958, (for short, 'the Rules of 1958') but the authority has failed to consider the same. He further submits that without examining continuation of suspension as to whether it is required or not, the authorities are blindly invoking the circular of State Government dated 10th August, 2001 while deciding SBCWP6721/2010 // 2 // representation/review of suspension submitted by employee under Rule 13(5) of the Rules of 1958. Counsel has further placed reliance on judgments of this Court reported in 2005 (9) RDD 3962 (Raj.), Prem Prakash Mathur Vs. State of Rajasthan & Others, and 2009 WLC (UC) 701, Vishnu Kumar Gupta and Another Vs. State and Others, and submits that the Circular issued by the State Government dated 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 of 1958. Without going into merits of the matter at this stage, this Court considers it appropriate to direct petitioner to make a fresh representation for review/reconsideration of the order of suspension dated 01.08.1998 before competent authority under Rule 13(5) of the Rules of 1958, who may independently examine the same without being influenced by the instructions dated 10th August, 2001 and may also take note of the judgments referred to above and pass speaking order within one month thereafter and decision may be communicated to petitioner and petitioner, if still feels aggrieved, will be free to avail the remedy under law. With these directions, writ petition stands disposed of accordingly. (Mohammad Rafiq) J. //Jaiman//