Forest Officer Suspended For Acting Against Alleged Poaching Of Deer By Villagers: Rajasthan HC Quashes Suspension, Flags Colorable Exercise Of Power

Rajasthan High Court has ruled that powers to suspend a civil servant under the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 shall be used by the competent authority with due caution and vigilance, only after considering its necessity and recording the reasons behind the satisfaction of the same.

The Court held that suspending a civil servant without recording such reasons, only by instructions in circulars, or by word of mouth, or a slip of pen, amounts to a colourable exercise of power.

The bench of Justice Vinit Kumar Mathur quashed the suspension order against Range Forest Officer (“petitioner”) who was suspended, without any application of mind, pursuant to a compromise deed agreed between the concerned government department and villagers to pacify the anguish of the latter.

The Court opined that the unwarranted suspension of a government servant not only deprived the employer of utilizing the services of the government servant but also put a burden on the public fund in the form of payment of subsistence allowance.

The petitioner was a Range Forest Officer who had filed an FIR against certain people in relation to the poaching of Deer in his range area. The incident led to agitation in the area and to pacify the villagers, certain Revenue Officials entered into a compromise as per which the petitioner had to be suspended. Pursuant to the compromise deed being communicated to the concerned government department, by an order by the Additional Chief Conservator of Forest, the petitioner was put under suspension.

The petitioner filed the petition against the suspension and argued that the order was passed without any application of mind, only based on the compromise deed without there being any negligence or fault on his part in discharging his official duties.

The Court agreed with the arguments put forth by the petitioner and observed that for passing a suspension order, the competent authority needs to examine the facts to settle the desirability of placing the incumbent under suspension by applying an objective criterion.

“Looking to the facts and circumstances of the case may be desired urgently or on emergent basis but in those circumstances also the competent authority must record its satisfaction for exercising powers under Rule 13 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958. If such satisfaction is not recorded and suspension is made merely on the basis of the instructions given in circulars or merely by a word of mouth or by slip of pen, then that is nothing but colourable exercise of power.”

It was observed that the petitioner was suspended only based on the compromise deed which reflected total non-application of mind by the authority.

“In the opinion of this Court, merely because there is a compromise entered into between the Villagers and the Revenue Officials, the same is not a sufficient ground to place a person under suspension. The Suspension of a Government servant cannot be made in a mechanical and casual way as has been done in the present case to pacify the anger and anguish of the villagers.”

The Court also highlighted that the suspension order was passed by an incompetent authority because being a Grade II officer, the petitioner's appointing office was the Principle Chief Conservator of Forest but the order was passed by the Additional Chief Conservator of Forest.

Thus, terming the order to be unsustainable in the eyes of law, the petition was allowed.

Title: Ashok Singh v State of Rajasthan & Ors.

Citation: 2024 LiveLaw (Raj) 220

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