SBCWP863/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.863/2010 Har Lal S/o Shri Onkar Lal Vs. State of Rajasthan and Others Date of Order ::: 16.04.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Lokesh Sharma, Counsel for petitioner #### By the Court:- Though petitioner Har Lal has filed this writ petition challenging order dated 07.12.2009 sanctioning prosecution against him and his suspension order dated 20.08.2009, but learned counsel for petitioner, during course of argument, confined the challenge only to petitioner's suspension order. It is contended that petitioner had been throughout making complaints against Sarpanch and his son for various illegalities and that aspect of the matter is not deserving attention of respondents. Petitioner was obviously impleaded in criminal case and on account of the fact that he was arrested, he was suspended by virtue of Rule 13 of the Rajasthan Civil Services (Classification, Control and Appeal) SBCWP863/2010 // 2 // Rules, 1958. The incident is of the year 2007, in which sanction of prosecution against petitioner was issued by the Government belatedly on 07.12.2009 and so far not even challan has been filed. Learned counsel submitted that suspension of petitioner was made two-and-a- half-year ago and completion of criminal trial may take long time because not even challan has been filed so far. Learned counsel, on the question of prolonged suspension, 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. Having regard to arguments aforesaid, instead of directly entertaining the writ petition, I require petitioner to make a representation to respondent No.3, District Collector, Jhalawar, who shall examine representation of petitioner in the light of submissions made above and judgments of this Court referred to above, and pass appropriate order with regard to revocation or otherwise of suspension of petitioner within a period of three months from the date of submission of SBCWP863/2010 // 3 // such representation. Writ petition accordingly stands disposed of. (Mohammad Rafiq) J. //Jaiman//