IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR S.B.Civil Writ Petition No.4320/2008 Manohar Singh Vs. State of Raj. & Ors. S.B.Civil Writ Petition No. 4328/2008 Manohar Singh Vs. State of Raj. & Ors. Date of order : 02.03.2009 HON'BLE MR.JUSTICE PREM SHANKER ASOPA Mr. K.C.Sharma for petitioner. Mr. Gajanand Mishra Manav Dy. Govt. Counsel for State. Mr. Shailesh Prakash Sharma for respondents. Heard learned counsel for the parties. By these two writ petitions the petitioner has prayed for quashing of the charge sheet issued on 07.02.2008 (Annexure/3). The submission of the counsel for the petitioner is that in respect of the same incident the inquiry was initiated against him under Section 74 of the Rajasthan Cooperative Societies Act, 1965 wherein he was held guilty on 30.07.1988 against which he has filed an appeal which was rejected on 30.07.2002. Thereafter he filed the revision petition, which is said to be pending before the Cooperative Tribunal. In such circumstances, the respondents ought not to have proceed in a regular inquiry under Rule 16, otherwise also the incident is of 25 years old and the petitioner is still under suspension which is causing severe harm to not only his status but the status of the entire family also and further putting the financial constraint not only on him but the entire family also. - 2 - Counsel for the respondent No.2 i.e. Executive Officer, Kota Sahkari Upbhokta Wholesale Bhandar Limited has submitted that that he has not received the copy of the notice of the revision petition from the Tribunal and the counsel for the petitioner has submitted a copy of the revision petition was given to him as per the direction of this Court. In these circumstances, I think it proper to direct both the parties to appear before the Cooperative Tribunal on 31.03.2009 and the Tribunal is further directed to dispose of the revision petition within a period of one month thereafter. In case, the revision petition is accepted then the respondents are restrained from conducting the inquiry under Rule 16 of the CCA Rules in respect of the same charges and will further review the suspension order after amending the charge sheet to proceed with regard to remaining charges. In case of adverse order, the petitioner will be at liberty to file fresh writ petition. The writ petitions are disposed of accordingly. (PREM SHANKAR ASOPA),J. Gandhi 13-14