In a recent ruling, the Rajasthan High Court clarified that a suspension order and charge sheet issued on a government holiday cannot be termed invalid merely due to the date of issuance being a non-working day. The Court stressed that government functions continuously, 24 hours a day and seven days a week.
The judgment was delivered by Justice Anoop Kumar Dhand, who rejected a writ petition filed by the Pradhan of a Panchayati Samiti. The petitioner had challenged the legality of the suspension and charge sheet on the ground that both were issued on 12.10.2024, a declared holiday.
“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,”
observed Justice Dhand.
The Court emphasized that government employees, when required, are permitted to work on holidays to fulfill official duties and reduce workload. The Judge pointed out that there is no legal restriction that prohibits government work or issuing official orders on holidays.
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“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… cannot and should not be treated as invalid.”
The petitioner, an elected Pradhan, had argued that she was placed under suspension without proper justification and that the charge sheet and suspension order were both delivered on a holiday. She stated that a Preliminary Enquiry conducted on 05.08.2024 had concluded with the decision to conduct a detailed enquiry, but instead of following due process, suspension and charges were immediately imposed.
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Further, the petitioner maintained that there was no misconduct or disgraceful conduct on her part that justified such disciplinary action.
In defense, the State Government informed the Court that serious allegations of corruption and financial irregularities had been made against the petitioner. A preliminary enquiry revealed prima facie involvement, particularly concerning excess payments amounting to lakhs of rupees while discharging official duties. Based on this, formal charges were framed and a charge sheet issued.
The Court addressed the concern regarding suspension of an elected representative, noting that even though courts usually do not interfere with suspension orders lightly, such protection does not extend without scrutiny when public interest and allegations of corruption are involved.
“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.”
The Judge clarified that official duties may be performed even on holidays if the situation demands, and such performance cannot render orders invalid. He reiterated that there is no prohibition in law that bars performance of duty or issuance of orders on holidays.
“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.”
Title: Indra Dudi v State of Rajasthan & Ors.
