CWP-7054/08 (1) In the High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R S.B. Civil Writ Petition No.7054/2008 Raj Kumar Jain Vs. State of Raj. & Ors. Date of Order :: 01/12/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Sandeep Saxena, for petitioner. Ms. Priyanka Pareek, Govt. Counsel for respondents. Counsel submits that petitioner while holding the post of Teacher was placed under suspension vide order dt. 13.06.06 (Ann.2) on account of criminal case being registered against him under the provisions of Prohibition of Dowry Act. Counsel submits that challan has been filed but no progress thereafter has taken place, at the same time departmental inquiry was also initiated against him but since the complainant, wife of the petitioner, did not turn up and on account of their non-cooperation no fact finding came on record. However, District Education Officer vide its communication dt.13.05.2010 sought directions from the authorities for taking appropriate action since he is already under suspension for last more than four years and act of the petitioner is in no manner related to discharge of his duties held by him. Counsel submits in absence of decision being taken by the authorities he is facing agony of suspension for last more CWP-7054/08 (2) than four 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 representation/review of suspension submitted by the employee under Rule 13(5) of the Rajasthan Civil Services (CC&A) Rules, 1958. He 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 & Ors. (2009 WLC (UC) 701). He 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 writ petition is disposed of with the directions to the petitioner to make a fresh representation for reconsideration/ review of the order of suspension dt. 13.06.06 (Ann.2) 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 CWP-7054/08 (3) judgments (supra) and pass speaking order within three months thereafter and decision may be communicated to the petitioner who if still feels aggrieved, will be free to avail the remedy under law. (Ajay Rastogi), J. VS Shekhawat/- 7054cw08Dec01FnlPrlngSuspDeRep(13(5).doc