CW 10680/10 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.10680/2010 Ram Niwas Versus State & Ors Date of Order ::: 16/08/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Vinay Mathur, for petitioner. Petitioner while facing inquiry U/s 55 of Rajasthan Co-operative Societies Act 2001 has been placed under suspension vide order dt.21/07/2010 (Ann.7). It appears that complaints have been inquired into but before there could be any final outcome of proceedings initiated, the Bank took decision to direct the Society to keep the petitioner under suspension in exercise of powers U/r 39(1) of Rules, 2008. Counsel submits that there could not be any justification in taking decision to place the petitioner under suspension while inquiry is yet pending and there is no prima facie material on record for taking decision of placing him under suspension, which is nothing but an abuse of powers vested upon the Bank U/r 39 of Rules, 2008. Submission made (supra) is without substance for the reason that while there being inquiry pendente and even on contemplation, the decision could have been taken by the Bank to place the petitioner CW 10680/10 //2// under suspension and there is no impediment in taking such decision. However, in instant case, the authority has taken the decision after prima facie material having come on record in inquiry initiated U/s 55; at this stage, the decision has been taken in exercise of special powers vested with the Bank to place the petitioner under suspension U/r 39 (1) of Rules, 2008, which cannot be said to be arbitrary decision or without due application of mind. It is not the case of petitioner having imputed malice on the part of the authority for taking decision to place him under suspension which is not even a penalty and this only denies him to discharge his duties of the post held. Taking note whereof, this Court does not find any manifest error in the decision of the authority vide order impugned herein, which may call for interference. Consequently, writ petition fails and is hereby dismissed. (Ajay Rastogi), J. K.Khatri/p.2/ 10680CW2010Aug16Ds.doc