- 1 - SBCWP No.2152/06 S.B.CIVIL WRIT PETITION NO.2152/2006 (Dinesh Pareek vs. RFC & Anr.) DATE OF ORDER : 24/4/2008 HON'BLE JUSTICE GOPAL KRISHAN VYAS Mr.T.Gupta, for the petitioner. Mr.S.G.Ojha, for the respondents. In this case, petitioner is challenging the suspension order dated 8/9-2-1994. The said suspension order was passed in contemplation of departmental inquiry by the Chairman cum Managing Director, RFC which is evident from the order Annex.P/1. As per petitioner, till today no disciplinary proceedings are initiated against the petitioner. Learned counsel for respondents submitted that four criminal cases were registered against the petitioner for the offence under the Prevention of Corruption Act. As per petitioner, out of four cases, he has been acquitted in two cases and two cases are still pending. Learned counsel for the petitioner while inviting attention of the Court towards the judgment dated 8/11/2005 (Annex.2) passed by Special Judge, (Anti Corruption Act), Udaipur submitted that as per the finding of the criminal Court, there is no evidence against the petitioner - 2 - SBCWP No.2152/06 for prosecuting him for the offences under the Prevention of Corruption Act and the petitioner has been acquitted of the charges levelled against him. As per the petitioner, during the pendency of writ petition, one more criminal case was decided vide judgment dated 23/3/2007. Further it is submitted that all the four criminal cases are identical with regard to allegation levelled against the petitioner, therefore, no useful purpose will be served to keep the petitioner under suspension and, thus, respondents are under obligation to revoke the suspension order, which was passed in 1994 and till today no disciplinary proceedings are initiated against him. Learned counsel for the petitioner has relied on the judgment of Hon'ble Apex Court reported in (1999) 6 SCC 257 (K.Sukhendar Reddy vs. State of A.P. & Anr.) and judgment of this court reported in 1991 (1) RLR 383 (Dr.B.M.Bohara vs. State) and submitted that this Court has quashed the suspension order on the ground of non initiation of departmental proceedings for such long period. In these circumstances, since petitioner is under - 3 - SBCWP No.2152/06 suspension from 1994 and no departmental proceedings have been initiated against him, so also as per language of suspension order Annex.P/1, the petitioner was placed under suspension on the ground of contemplation of disciplinary proceedings but for last 14 years petitioner is waiting for initiation of departmental proceedings, I am of the opinion that though two criminal cases are pending against the petitioner, no useful purpose will be served to place the petitioner under suspension without issuing any charge-sheet for last 14 years.. Accordingly, this petition is allowed. The suspension order Annex.P/1 dated 8/9-2-1994 is set aside. However, it is made clear that quashing of suspension order will not stop the respondents for taking disciplinary action, if any, against the petitioner in accordance with law. (GOPAL KRISHAN VYAS), J. Pankaj Baweja