- 1 - S.B.CIVIL WRIT PETITION NO.5935/2005 (Budhpal Singh vs. State of Raj .& Ors.) DATE OF ORDER : 22/4/2008 HON'BLE JUSTICE GOPAL KRISHAN VYAS Mr. B.P.Bohra, for the petitioner. Mr.Alkesh Agarwal, Dy.Government counsel. The petitioner by this writ petition has challenged the order of suspension dated 4/1/2005 passed by Vikas Adhikari, Panchayat Samiti, Revdar in exercise of power under Rule 13 of the Rajasthan Civil Service (Classification, Control and Appeal) Rules, 1958. The said order of suspension was stayed by this Court vide order dated 29/9/2005. In this case, against suspension order, the petitioner also preferred appeal but the said appeal was rejected by the Addl.Chief Executive Officer vide Annex.5 dated 6.6.2005 while observing that no action is required against the order of suspension passed by the competent authority under Rule 13 of the Rules of 1958. Further, it is argued by learned counsel for the petitioner that no charge sheet has been served upon the petitioner till today, therefore, suspension order passed by the respondent is required to be revoked. - 2 - Although there is a provision of appeal under Rule 22 of the Rules of 1958 and the petitioner availed that remedy but Addl. Chief Executive Officer, Zila Parishad, Sirohi refused to entertain the said appeal. In this view of the matter, I deem it just and proper to grant liberty to the petitioner to file a representation under sub-rule (5) of Rule 13 of the Rules of 1958 to Vikas Adhikari to consider revocation of suspension order because till today no charge sheet has been served upon the petitioner with regard to contemplation of inquiry as observed in the suspension order. The petitioner shall file such representation within a period of one month from today and upon filing such representation, the Vikas Adhikari, Panchayat Samiti, Revdar, who has passed the order for placing the petitioner under suspension, shall decide the same in accordance with law within a period of one month thereafter. However, till Vikas Adhikari, Panchayat Samiti, Revdar decides the representation filed by the petitioner, the stay order granted by this Court on 29/9/2005 shall remain in force. With these observations and directions, this writ petition is disposed of . (GOPAL KRISHAN VYAS), J. pankaj baweja