Suspension Order & Charge Sheet Issued On Holiday Not Invalid, Govt Functions 24 Hrs A Day, 7 Days A Week: Rajasthan HC

While rejecting a petition challenging a suspension order and charge sheet issued to the Pradhan of a Panchayati Samiti, Rajasthan High Court held that charge-sheet and the suspension order could not be considered as void or invalid on the mere ground that the two were issued on a holiday.

Justice Anoop Kumar Dhand in his order said that government servants were not barred from working on holidays to discharge their normal official duties. It was opined that the object of working on a holiday was to reduce the workload, and there was no prohibition in law for performance of any official work on a holiday. It was said:

"There is no force in the argument of the petitioner that the impugned charge-sheet and suspension order was passed on holiday i.e. on 12.10.2024. This cannot be treated as an illegality on the part of the Government. The Government Servants, who work 24 X 7 if necessary and required, are not barred from working on holidays and discharge their normal official duties. Consequently, any order passed by them, in the course of discharge of their normal duty cannot and should not be treated as invalid. There may be more workload on the Government Officers and therefore, they had to work even on the holidays. But that does not mean that such a holiday shall be presumed as a working day like any other normal day. As such, the object of working on the holiday, is merely to reduce the workload. There is no prohibition in law for performance of any official work on a holiday and if any order is passed on any holiday, the same cannot be treated as void and invalid. The Government functions 24 hours a day for seven days a week. The charge-sheet and suspension order cannot be quashed only on this count that the same was issued on a holiday".

The petitioner was a Pradhan of Panchayati Samiti against whom an enquiry was initiated that ended with a decision to conduct a detailed enquiry followed by issuance of suspension order and charge sheet. This was challenged by the petitioner.

Among various arguments made, the petitioner submitted that the suspension order was issued on a day which was declared as a holiday. It was submitted that the Preliminary Enquiry was conducted against the petitioner on 05.08.2024, which concluded with the decision to conduct a detailed enquiry, but instead of conducting a detailed enquiry, the petitioner was placed under suspension on 12.10.2024 and was served with a charge-sheet on the same day.

Furthermore, it was also submitted that there was no disgraceful conduct or misconduct on her part in discharging her official duties that warranted such suspension and issuance of charge sheet.

The State argued that the complaint received against the petitioner was alleging corruption and financial irregularities, post which preliminary enquiry was conducted.

In this preliminary enquiry, prima facie role and involvement of the petitioner was found to the effect that the petitioner had made excess payment of lakhs of rupees while discharging her official duties, it said. This led to framing of charges against her and issuance of the charge sheet.

After hearing the contentions, the Court highlighted that even though it was settled that court shall not interfere in suspension order lightly, this was the case where rules of master and servant applied. In cases of elected representatives, who could not be equated to government employees, court shall not shirk from its responsibility to intervene in the matter.

In this light, the Court perused all the contentions, and in relation to the argument regarding order being issued on a holiday, it was opined that.

Accordingly, finding no merit in any other argument too, the Court rejected the petition.

"In view of the discussions made herein above, this Court finds no merit and substance in this writ petition and the same is liable to be and is hereby rejected," it said.

Title: Indra Dudi v State of Rajasthan & Ors.

Citation: 2025 LiveLaw (Raj) 157

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