- 1 - S.B.CIVIL WRIT PETITION NO.7133/2005 DATE OF ORDER : 11/4/2008 HON’BLE JUSTICE GOPAL KRISHAN VYAS Mr.K.R.Saran, for the petitioner. Mr.Alkesh Agarwarl, Deputy Government Counsel. In this writ petition the petitioner is challenging the order of suspension dated 3/6/2004 passed by Addl. Chief Executive Officer, Zila Parishad, Sriganganagar on the ground of registration of criminal case against the petitioner under the provisions of Prevention of Corruption Act while exercising power under Rule 13 of the Rajasthan Civil Service (Classification, Control and Appeal) Rules, 1958. Learned counsel for the petitioner vehemently contended that the order of suspension passed by the Addl. Chief Executive Officer, Zila Parishad, Sriganganagar is without jurisdiction as the said authority is not competent to place him under suspension. The respondent along with their reply has placed on record order Annex.R/4/1 dated 4/8/2007 passed by the Addl. Secretary (Inquiry) Rajasthan, Jaipur, whereby, petitioner has been placed under suspension for the reason - 2 - that case under the prevention of Corruption Act was registered against him and he was arrested by the Anti Corruption Department. I have heard learned counsel for the parties. In this case, upon perusal of the Rules, apparently, remedy of appeal under Rule 22 of the Rules of 1958 is available to the petitioner to challenge the validity of suspension order. Likewise, under the Panchayat Act also there is a provision to challenge the suspension order. Therefore, I am not inclined to interfere in this writ petition to quash the suspension order, which is said to be passed in the event of registration of criminal case against the petitioner. However, petitioner is at liberty to file an appeal as provided under the Rules and upon filing such appeal, the respondents shall decide the same in accordance with law ignoring the question of limitation in filing the appeal. With these observations, the petition is dismissed. (GOPAL KRISHAN VYAS), J. pankaj baweja