1 S.B. CIVIL WRIT PETITION NO.4896/2006 (Ganga Singh vs. The State of Raj. & Ors.) Date of Order :: 12.05.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mrs.Deepika Vyas, for the petitioner. Mr.N.K.Mehta, Dy. Govt. Advocate. Heard learned counsel for the parties. In this case, petitioner is challenging the order dated 18th August, 2006 (Annexure-3), whereby petitioner was placed under suspension in connection with complaint filed against him under Sections 107 and 151 Cr.P.C. Learned counsel for the petitioner submits that on the ground of complaint filed against the petitioner under Sections 107 and 151 Cr.P.C., petitioner cannot be placed under suspension. Further it is submitted that according to Rule 13 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958, the government employee can be placed under suspension by the competent authority if any criminal case is pending or any disciplinary proceedings initiated or contemplated against the government employee. In this case, as per learned counsel for the petitioner after expiry of six months, it cannot be presumed that any criminal case is pending against the petitioner. Admittedly, 2 petitioner was placed under suspension on 18th August, 2006 and today there is no pendency of inquiry against him, so also, there is no criminal case is pending against him, therefore, it is submitted that order Annexure-3 whereby petitioner was placed under suspension may kindly be set aside. In reply to the writ petition, it is nowhere stated by the respondents that any charge-sheet is pending against the petitioner, so also, it is nowhere stated that any criminal case for committing offence under Indian Penal Code is pending against the petitioner. In these circumstances, obviously at present there is no pendency of charge-sheet or criminal case against the petitioner, therefore, respondents are under obligation to revoke the suspension order. After considering rival submissions made by both the parties, I am of the opinion that the date on which suspension order was issued, there was no contemplation of inquiry against the petitioner, so also, petitioner was placed under suspension in connection with complainant filed under Sections 107 and 151 Cr.P.C., which cannot be termed as pendency of the criminal case, therefore, obviously, there, was no basis for placing the petitioner under suspension. The petitioner was placed under suspension for near about three years, therefore, I deem it just and proper to allow this writ petition and to quash the order dated 18th August, 2006 (Annexure-3). 3 In view of the above, the writ petition is allowed. The order of suspension dated 18th August, 2006 (Annexure-3) is hereby quashed and set aside and respondents are directed to reinstate the petitioner with all consequential benefits. But petitioner is also warned that he will maintain peace of the office and will not create any problem in the office in future and if he will create any problem in the office, then respondents are free to take disciplinary action against the petitioner. (GOPAL KRISHAN VYAS),J. A.K. Chouhan/-