THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.28869 OF 2009 ORDER: This Writ Petition is filed seeking to issue writ of mandamus declaring the proceedings of the 2nd respondent vide Rc.No. Estt/Spl.Cat.ofAsst./F.26/2009-10, dated 19-10-2009 as illegal and arbitrary, and set aside the same. 2. The petitioner was working as Chief Executive Officer in the second respondent society. From April, 2009 onwards he has not been paid salaries by the respondent on the ground that his services have been transferred to 1st respondent and in spite of repeated requests, the 1st respondent has not paid his salary. Basing on the alleged report published in Newspaper, the 1st respondent appears to have called for the preliminary report of the Nodal Officer on 15-10-2009 and passed impugned order suspending him from service on the ground that he booked heavy expenditure illegally to a tune of Rs.7,69,022/- towards establishment charges and contingent charges exceeding the limits prescribed and he indulged in misappropriation of society funds to a tune of Rs.1,50,000/-and the said order was passed without application of mind and contrary to rules and it does not disclose that it is passed pending enquiry. When the petitioner was working with the 2nd respondent, the 1st respondent has no authority to suspend him. Hence, the writ petition. 3. The only contention raised by the learned counsel appearing for the petitioner is that without conducting any enquiry and without giving any notice, the impugned order was passed and the petitioner has not misappropriated any amount and to that effect the respondents have given a certificate and hence, he prays to allow the writ petition. 4. The suspension pending enquiry in a disciplinary proceedings is within the competence of appointing authority. When there is a mis-conduct, an employee can be placed under suspension, pending enquiry. The allegation is that the petitioner misappropriated an amount of Rs.1,50,000/- and therefore, he was placed under suspension. Whether the petitioner misappropriated the amount or not whether the respondents has given a certificate to that effect or not are the matters to be decided during the course of enquiry by the Enquiry Officer. The correctness or otherwise of the allegations cannot be tested or weighed in a proceedings under Article 226 of the Constitution of India. Further giving prior notice in conducting enquiry may not arise when serious misconduct is attributed. Therefore, there are no grounds to allow the writ petition. 5. Accordingly, the Writ Petition is dismissed. No order as to costs. _______________ K.C. BHANU, J DATED: 29-06-2011 Hsd