THE HON’BLE SRI JUSTICE K.C.BHANU W.P.No.11622 of 2011 ORDER: This writ petition is filed to issue a writ, order or direction more particularly in the nature of Writ of Mandamus declaring the proceedings No.P.ADMN.56(2)/2010-11, dated 18-04-2011 of the 2nd respondent as illegal, arbitrary and violative of principles of natural justice. The petitioner is working as Account Grade-II in the 1st respondent-Corporation. He was suspended from service by virtue of the impugned order, on the ground that a criminal case was registered against him for the offences punishable under Sections 406 and 409 I.P.C. and Section 6(a) read with Section 7(1) of the Essential Commodities Act, 1955 on the allegation of his involvement in diversion of PDS stocks from the M.L.S point, Piduguralla. Pursuant to initiation of disciplinary proceedings, the Joint Collector passed the impugned order. Learned counsel for the petitioner contends that since there is no variation in the stocks, the question of diversion of PDS stocks does not arise and that the 2nd respondent has not applied his mind in passing the impugned order and therefore, the impugned order needs to be set aside. It is the appointing authority/disciplinary authority that has to take appropriate decision to place an employee under suspension in case of any misconduct. The allegation is that the police registered a case against the petitioner for the offences punishable under Sections 406 and 409 I.P.C. and Section 6(a) read with Section 7(1) of the Essential Commodities Act for his involvement in diversion of PDS stocks from the M.L.C. point, Piduguralla. However, the learned counsel for the petitioner contends that there is no variation in the stocks. That question of fact cannot be decided here. No doubt, according to the learned counsel for the petitioner, the criminal case is stayed by this Court. However, that cannot be a ground to set aside the impugned order. Ordinarily, this Court would not interfere with the order of suspension pending enquiry or contemplation enquiry, unless mala fides are attributed to the appointing authority/disciplinary authority. In the instant case, no such mala fides are attributed to the disciplinary authority. Therefore, the impugned order needs no interference. The writ petition is accordingly dismissed. There shall be no order as to costs. _________ 25.04.2011 Jsu THE HON’BLE SRI JUSTICE K.C.BHANU W.P.No.11622 of 2011 Date: 25.04.2011 JSU