THE HON'BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NOs.2088 AND 2087 OF 2005 AND WRIT PETITION NO.2900 OF 2006 COMMON JUDGMENT: {Per the Hon’ble Sri Justice Ghulam Mohammed} 1. The subject matter of WP.No.2337 of 2005 is suspension order passed by the department and against the order dated 29.09.2005, W.A.No.2088 of 2005 is filed. Against the order dated 29.09.2005 in W.P.No.4713 of 2005, W.A.No.2087 of 2005 is filed. To quash the charge sheet dated 14.10.2005 issued to the petitioner by the second respondent and further conducting enquiry against the petitioner by applying CCS (CCA) Rules 1965 instead of National Institute of Immunology Rules as adopted by the first respondent organization in it 20th meeting of the Government Council, WP.No.2900 of 2006 came up. 2. Subsequently, it appears that the appellant/petitioner was removed from service and when once the suspension was upheld, it is for the Court and the disciplinary authority to regulate the period of suspension. As far as the suspension is concerned, it was rightly upheld by the learned Single Judge. Subsequently, the removal order gave rise to a fresh cause of action, which is challenged in WP.No.31146 of 2010. Only in the event of succeeding of the said Writ Petition, the issue of how the period of suspension has to be treated would arise. It would be open to the appellant/petitioner to raise that issue before the learned Single Judge. As far as the period of suspension is concerned since the removal order has already been passed, it would be open for the appellant/petitioner to place that issue before the learned Single Judge. 3. In the circumstances, the two Writ Appeals and the Writ Petition are dismissed. However, it would be open to the appellant/petitioner to raise all such allegations, which have already been raised before this Court and which are permissible under law, in W.P.No.31146 of 2010. There shall be no order as to costs. _____________________ (GHULAM MOHAMMED, J) _______________ (SANJAY KUMAR, J) 16th August 2011 RRB