CW 11640/09 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.11640/09 Ramesh Chand Versus State & Ors. DATE OF ORDER : 03/02/2010 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. V.S. Badhwar, for petitioner Mr. G.M. Manav, Dy.Govt. Counsel, for respondents *** Matter has come up on application for early listing. With the consent of parties, it is finally heard at the stage of orders. Petitioner while working as Lower Division Clerk, was placed under suspension on account of a criminal case under the provisions of Prevention of Corruption Act being registered against him vide order dt.19th December, 1996. It has been informed that after charge sheet was filed, the charge has not been framed against him so far and further proceedings have been stayed by this Court. Pending criminal case instituted against the petitioner, the disciplinary inquiry has also been initiated against him by serving charge sheet U/r.16 of CCA Rules, 1958 dt.13/10/2006. CW 11640/09 [2] Counsel submits that petitioner is facing agony of suspension for last more than 13 yrs. At the same time, inquiry initiated against him way back in March, 2006 despite his full co- operation, could not have been concluded, which is causing hardship to him. Respondents have filed reply to the writ petition wherein it has been averred that disciplinary inquiry could not be concluded/finalized because of pendency of criminal case against petitioner. In opinion of this Court, disciplinary action initiated against petitioner is not in any manner dependent upon the proceedings which have been initiated against him in a criminal case instituted against him and the department is always at liberty to conclude the disciplinary inquiry on the basis of material which came on record during the course of inquiry. Taking note thereof, this Court considers that disciplinary action initiated against the petitioner to be finally concluded within three months and the petitioner will also co-operate in the disciplinary inquiry. CW 11640/09 [3] Accordingly, writ petition stands disposed of with the direction to the respondents to conclude the disciplinary inquiry initiated against the petitioner in reference to charge sheet dt.13th October, 2006 within three months and the petitioner shall also co-operate in the disciplinary inquiry. No costs. [AJAY RASTOGI], J. FRBOHRA11640CW09 3-2.doc