Remarks In Govt File Are Internal Correspondence Between Officials, Has No Legal Sanctity To Absolve Employee's Suspension: Rajasthan High Court

The Rajasthan High Court held that observations/remarks in files by government officials while dealing with matters were merely internal correspondence between them, carrying no legal sanctity.Justice Anoop Kumar Dhand was hearing a petition filed against the order of suspension against the petitioner, presently serving as Pradhan, under Section 38 of the Rajasthan Panchayati Raj Act. The suspension was done pursuant to a charge sheet filed against her pertaining to incident that occurred in 2017, during her tenure of Sarpanch. It was the case of the petitioner that the allegations regarding her issuing unauthorized pattas (land deed) in exchange of monetary consideration, pertained to the year 2017, during her term of Sarpanch which ended in 2020. Hence, there was no reason to conduct enquiry and suspend her, after the completion of her earlier term. Further, it was submitted that at one point of time, the Commissioner, Department of Panchayati Raj had recorded a finding in the note sheet that the enquiry into the matter was already completed on an earlier occasion, and there was no need to initiate a fresh enquiry. After hearing the contentions, the Court opined, “This Court finds no substance in the argument of the counsel for the petitioner that the Commissioner himself observed in the notesheet that enquiry is not required to be conducted against the petitioner since she had deposited the amount. Such an observation/remark made in the file by the Commissioner constitutes mere internal correspondence between the officials and carries no legal sanctity.”Reference was made to Supreme Court's decision in Pimpri Chinchawad New Township Development Authority v Vishnudev Cooperative Housing Society and Others (2018) in which it was held that a mere noting in the official files of the Government while dealing with any matter pertaining to any person was an internal matter of the government, carrying no legal sanctity. Furthermore, the Court highlighted that it was a settled position of law that an enquiry under Section 38(1) of the Act could be initiated even after expiry of the term of the Panchayati Raj Institution for the misconduct of the previous term. And if the concerned person was found guilty, s/he could be suspended from office. Accordingly, the petition was rejected, and the State was directed to expeditiously complete the proceedings against the petitioner, preferably within 3 months, since an elected public representative could not remain under suspension for indefinite period. Title: Sangam Chaudhary v the State of Rajasthan & Anr, and other connected petitions Citation: 2025 LiveLaw (Raj) 314Click Here To Read/Download Order

Remarks In Govt File Are Internal Correspondence Between Officials, Has No Legal Sanctity To Absolve Employee's Suspension: Rajasthan High Court

Nupur Agrawal

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