Rajasthan HC Stays Suspension Of Govt Medical Officer Arrested For Allegedly Aiding In Forging Marksheet, Says He Was Not A Beneficiary

The Jodhpur bench of the Rajasthan High Court recently granted interim relief to a government Medical Officer who had been suspended by the State, after he was arrested in a case for allegedly helping the principal accused in preparing a fabricated mark-sheet.Justice Arun Monga said, "Given the sheer time lapse between the time when the petitioner was arrested and the time of passing the impugned order, coupled with the fact that, at this stage, petitioner is merely an under trial/ co-accused, since the trial has commenced after filing the chargesheet, his suspension may not be warranted.”The petitioner was a medical officer who had obtained a 3-year study leave in April 2022 for pursuing the PG course. However, in 2024, a case was registered alleging fabrication of educational degree of one Kamla Kumari, wherein the petitioner was not initially named as an accused, but was later implicated based on the statement of a co-accused. The FIR was registered under various IPC Sections including 420(cheating), 465(forgery) & 120-B(criminal conspiracy). The petitioner was subsequently arrested and was on bail while the case was undergoing. After his release, the State suspended the petitioner while exercising powers under the Rajasthan Civil Services (classification, Control and Appeal) Rules, 1958 on the ground of him having been in custody. The petitioner moved the high court against his suspension. The Court considered a circular dated March 22, 2023 which provided that if any government employee was arrested and kept in custody for more than 48 hours in relation to any of the heinous offences, including involvement in using unfair means in public examination, he/she should be immediately suspended. Further, it was provided that if the charge sheet was filed before the court, then their matter for revocation of suspension shall be kept before the review committee for proper consideration. Considering this circular the Court held that before suspending the petitioner, his case ought to have been placed before the review committee. Furthermore, it was observed that the allegations against the petitioner were not of benefitting from the fabrication but merely of aiding the principal accused in that fabrication."The role attributed to the petitioner is merely that of a conspiracy in helping her to prepare the fabricated mark-sheet. Thus, the petitioner is not beneficiary of the said fabrication, if any, which, in any case is sub judice before competent court. At this stage, it is merely an allegation," the court added. In this background, the Court stayed the suspension of the petitioner and held that the petitioner shall be placed before the review committee which shall decide his case in accordance with the circular. Title: Suresh Kumar v State of Rajasthan & Ors. Citation: 2025 LiveLaw (Raj) 30Click Here To Read/Download Order

Rajasthan HC Stays Suspension Of Govt Medical Officer Arrested For Allegedly Aiding In Forging Marksheet, Says He Was Not A Beneficiary

Nupur Agrawal

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