SBCWP No.5766/02. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.5766/2002. Jalla Ram & Anr. Vs. State of Rajasthan & Ors. Date of order : November 6, 2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri A.K. Pareek for the petitioners. Shri Hemant Gupta, Additional Government Counsel. **** BY THE COURT :- Heard learned counsel for the parties. 2) This writ petition seeks to challenge the order of suspension dated 15/6/2002 whereby, the District Collector Bharatpur suspended the petitioners from the post of Teachers Government Girls Primary School Manotakalan in contemplation of departmental enquiry under Rule 16 of the Rajasthan Civil Service (Classification, Control & Appeal) Rules, 1958 (for short, "CCA Rules"). Notice of the writ petition was issued to the respondents way back on 2/9/2002 on consideration of the ground that petitioners were suspended for the reason of malafides and due to the political rivalry. Reply to the writ petition was filed denying the aforesaid allegations and submitting that serious irregularities were committed by the petitioners in SBCWP No.5766/02. 2 distribution of nutritious food to the children. Learned counsel for the petitioners has produced before the court photocopy of the certificate issued by the Development Officer, Panchayat Samiti Nagar, Bharatpur dated 10/1/2005 certifying the fact that so far no charge-sheet has been served upon the petitioners. It is contended that petitioner No.2 Pratap Singh Kaushik is going to retire on 25/2/2009. 3) Learned Additional Government Counsel is not in a position to show whether any charge-sheet has been issued against any of the petitioners till date. 4) In the facts of the case, it has to be therefore accepted as a matter of fact that no charge-sheet has been issued against the petitioners. The operation of the order of suspension was stayed by this court while issuing notice to the respondents on 2/9/2002 and the said interim-order has become operative till date. In the facts of the case therefore the order of suspension cannot be allowed to continue for an indefinite period when the respondents themselves are not serious about initiation of disciplinary proceedings by service of charge-sheet upon them. Order of suspension when it was issued may not be illegal but by lapse of time when no charge-sheet has been issued by the respondents, delay on the part of the respondents in not so far initiating the departmental proceeding against the petitioners has rendered such order to be illegal and arbitrary. SBCWP No.5766/02. 3 In the result, this writ petition is allowed. The order of suspension dated 15/6/2002 is quashed and set-aside. (MOHAMMAD RAFIQ), J. anil