^^^- ^.^^"' ^^w'^' ^^..^ '^••"' IN THE P-JI6H COURT OF JUNCATURE CHHATTIS6ARH AT BILASPUR ^NGlE . ^'?'°'z- W. P. NO.C^ /2( Petiti&ner ''•ri Versus Ranbir Singh Narwaria, S/o Late Shri Ahiram Singh Narwari.a Aged about 46 years, Sr-.Horticulture Development Officer at Govt. Nursery AAohtara, Pandariya, Dist: Kabirdham-CC.6.) -J. Respondents :1. to 3. State of Chhattisqarh Through The Secretary Agriculture Department, b.K.S. Bhc!wan, Mantra!aya, Raipur Dist: Raipur-(C.6.) The DirecTor, ^ Horticulture Raipur, Dist: Raipur-(C.6.) The Dy. Director Horticulture, Oist: Kabirdham-(C.6.) (2) -t: WRIT PETrrtON UN&ERARTTCLE 226 / 227 OF THE CONSTITUTEON OF INDIA_FOR_IS5UANCE OF SUITABLE WRIT. WRITS. bIRECTION ETCTO_DO_JUSTICE IN THE AAATTER. XI-HC-78 3TI^T °fiT ft-li* (CTsn^rOTN) *11*<MI sh*lich 'ssf ^ii-iiw^, cnS\wi6, Kiwwy. ^_ Uf 3l^[o£ V^ 200 311^1 4aeh (yil^q^ff) roiTsrcafersn^r 25.7.Z006 been suspended vide impugned violation of Rule 9 of C.S. Civit ftutes, 1966 (hereinafter shalt be] Rule 9 of Rules of 1966 ^ +l*llct<l1-) 4|t1cft'^'f3^<R]«K ^sT^rsn^r Hewd Mr. AS. Rayput, Aifvocate for the petitionei". Miss Deepali Pandey, P.L. ^w the State on advcnce copy. The main grieycnce of t^e petitioner in this petition is that he has order dated 24.6.2006 (Annexwe P-1) in Services (Classification, Control <& i4ppeal) referred as 'Rutes of 1966'). ;nvisages that 'the discipljnary authority or any other authority emppwered )n that beholf by the Sovemor by generalor special order-, may place a 6over(wnent ser'vcart' under suspension - (a) where a disciplinory proceeding agains^ hiffl is contemplated or" is pending, or (b) where a eose a9<rinst him in ijespect of ony criminal offence is under investigation, inquiry of trial'. The impugned order whe^eby the petitioner has been placed under suspension does not reflect •that | contemplation of any disciplinarj investigation. Therefore, pr'ima-f|acie, the order impugned is contrary to the Rule 9 of Rules of 1966 and as Rule 9 of the Rules of 1966, if th Certified copy as per rule^. the petitioner has been suspended either in enquiry or some criminal case is pending Such,1+ie order impu9ned dated 24.6.2006 (Annexure P-l) is lioble to be qi^ashed cmd it is hereby quashed. However, respondents shall be at liberty fo act in occordwice with the provisions of ey feel so. With the direction afores^id, the petition stands disposedof. Consequently, M.W.P. No.Z(B80/06 also stwds disposed of. Sd/- L.C. Bftadoo Judge