1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.2940/2002. : : Ajeet Kumar Sharma Vs. State of Rajasthan & Ors. : : Date of Order 17.12.2008 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr.Kamlakar Sharma for the petitioner. Mr.Aklesh Jain, Dy.Govt.Counsel for the State. Heard learned counsel for the parties. This writ petition was filed way back in the year 2002 challenging the order dated 27.4.2002 by which the petitioner was placed under suspension on account of his arrest in connection with FIR No.132/02 lodged by Anti Corruption Bureau for offence under Section 13 (1) (d) ( 2) of Prevention of Corruption Act and for offence under Sections 406, 420 IPC. The Government passed aforesaid suspension order in accordance with Section 13 (1) b) of Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (for short “the Rules of 1958”). When the writ petition was filed, this Court passed an interim order dated 31.5.2002 which is reproduced as under :- 2 “Status quo as on date shall remain effective until further orders” The respondents have filed reply to the writ petition in which they have contended that the petitioner was arrested by Anti Corruption Bureau. There was allegation against him for taking bribe to make payment of arrears of Rs.1,05,255/- to respondent No.4 Smt. Lalita Devi. Shri Kamlakar Sharma, learned counsel for the petitioner argued that a false case has been registered against the petitioner merely on complaint of respondent No.4 which is why she has been arrayed as respondent. She lodged a false case against the petitioner with oblique motive as the petitioner did not allow husband of the respondent No.4 to reside at the women's hostel where she was staying because it was in contravention of the rules of the State Government. The petitioner had come to know that conduct of the husband of the respondent No.4 was unbecoming of a public man. In fact, her husband was also involved in certain criminal cases and also he misbehaved with the inmates of the hostel and with the Hostel Superintendent when he was earlier released on parole. The respondent took revenge of this and therefore lodged this false case. Learned counsel 3 also submitted that according to the Circulars/ Instructions by the Department of Personnel issued from time to time, the suspension ought not to be made in a routine manner and should be resorted to only if it is found in public interest after obtaining sanction. Suspension in such cases should not be made except in trap cases. Shri Aklesh Jain, learned Deputy Government Counsel opposed the writ petition and submitted that there was serious allegation against the petitioner and, therefore, he was suspended. He submitted that in fact the petitioner was arrested also but it was another matter that he was released on bail. Allegation against him was of corruption in demanding bribe. However, the learned Deputy Government Counsel was not in a position to inform the Court as to what is the stage of trial and whether the petitioner was proceed against in a department enquiry or not. The effect of the status-quo order as was passed more than one month after the date of suspension would be that when such order was passed, the petitioner was already under suspension and would continue so. There are number of circulars issued by the State Government that suspension of a Government servant should not be normally restored to 4 too and it should be reviewed after every six months. In the facts of the case when neither of the learned counsel in a position to inform the Court whether the petitioner is under suspension or what is the stage of the criminal case and whether suspension order has been revoked or had been implemented before passing the status quo order, I deem it appropriate to give liberty to the petitioner to make representation to the respondents within six weeks and in that event the respondents shall consider and decide the said representation within two months with specific reference to the departmental circulars on the subject. This writ petition is disposed of accordingly. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.12.