This special appeal before us is to examine correctness of the judgment dated 21.01.2021 passed by the learned Single Bench being writ petition no. 1719 (SS) of 2021.
By the order aforesaid, learned Single Bench while disposing of the writ petition no. 1719 (SS) of 2021 directed the Disciplinary Authority to get the departmental inquiry pending against the petitioner decided within a period of four months from the date a certified copy of the order passed by the learned Single Bench is placed before him. A direction is also given to the petitioner to cooperate with the inquiry Officer by not taking unnecessary adjournments. Liberty is also given to the Inquiry Officer to take further time to conclude the inquiry proceedings, if the delinquent officer does not cooperate with the inquiry proceedings.
In appeal, argument advanced by the learned counsel for the appellant is that learned Single Bench failed to appreciate that challenge was given to the currency of the order of suspension that was made much back in February, 2016. By citing the judgment of Supreme Court in the case of Ajay Kumar Choudhary Vs. Union of India, reported in (2015) 7 SCC 291, it is stated that no civil servant can be continued under suspension for an indefinite period. Reliance has also been placed upon a judgment of the Single Bench of the Rajasthan High Court in the case of Subhash Singh Versus State of Rajasthan & Others reported in 2014 (2) RLW 1099 (RAJ), wherein the Court has held that the prolong suspension is unjust and arbitrary and is having several ill-effects on civil service and no public servant should be kept under suspension for prolong and indefinite period.
We have looked into facts of the case and also the judgments cited.
So far as the judgment of Supreme Court in the case of Ajay Kumar Choudhary (Supra) is concerned, it would be appropriate to state that definite time schedule was given in the case of aforesaid as for a quite long time, no charge sheet was served upon the delinquent officer. The Court also held that charge sheet must be served at earliest, if delinquent officer is placed under suspension. In the case in hand, charge sheet has already been served upon the delinquent officer and the Court has already given a reasonable time to conclude the enquiry.
In view of whatever stated above, we do not find just reason to interfere with the order passed by the learned Single Judge.
The special appeal is, accordingly, dismissed. It is, however, expected that Inquiry Officer shall complete the inquiry proceedings within time frame given by the learned Single Judge provided the petitioner cooperate in completion of the proceedings pending against him.
Order Date :- 11.2.2021 Arun (Saroj Yadav, J) (Govind Mathur, C.J.)