In a significant ruling, the Rajasthan High Court addressed the legality of suspension orders and charge sheets issued on holidays, affirming their validity within the framework of continuous governmental operations. The case involved a petition challenging the suspension of a Pradhan of a Panchayati Samiti, who contended that the suspension order and accompanying charge sheet were invalid solely because they were issued on a public holiday.
Justice Anoop Kumar Dhand, presiding over the matter, dismissed the petitioner's argument, emphasizing that the issuance of official orders on holidays does not inherently render them void or illegal. The Court underscored that government functions are not confined to conventional working days and hours; instead, they operate on a 24/7 basis to ensure administrative efficiency and responsiveness. Consequently, the performance of official duties, including the issuance of suspension orders and charge sheets on holidays, is permissible and does not contravene any legal provisions.
The petitioner had argued that the suspension order and charge sheet, both dated 12.10.2024—a declared holiday—were procedurally flawed. He maintained that the preliminary enquiry conducted on 05.08.2024 should have been followed by a detailed enquiry before any disciplinary action, such as suspension, was taken. However, the Court found no merit in this contention, noting that the preliminary enquiry had concluded with a decision to conduct a detailed enquiry, and the subsequent suspension and charge sheet were part of the procedural continuum.
Justice Dhand elaborated that the absence of a prohibition against performing official duties on holidays implies that actions taken during such times are legally sound. He stated, "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." This perspective aligns with the principle that administrative processes must remain uninterrupted to maintain governance efficacy.
Furthermore, the Court highlighted that the nature of government service necessitates flexibility and readiness to act beyond standard schedules. The issuance of orders on holidays is often a practical response to workload demands and the imperative of timely decision-making. The ruling thus reinforces the understanding that the validity of official actions is determined by their adherence to legal procedures and not by the specific day they are executed.
In conclusion, the Rajasthan High Court's decision clarifies that suspension orders and charge sheets issued on holidays are legally valid, provided they comply with established procedural norms. This judgment affirms the continuous nature of government operations and the legitimacy of administrative actions undertaken during non-working days, thereby ensuring that governance remains effective and unimpeded by rigid temporal constraints.
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