1 12 D.B. CIVIL SPECIAL APPEAL (WRIT) NO. 528/06 (Hari Ram Godara Vs. State of Raj. & Ors.) Date:- 14.03.2007 HON'BLE MR. RAJESH BALIA,J. HON'BLE MR. BHANWARU KHAN,J. Mr. Mukesh Rajpurohit, for the appellant. This appeal is directed against the judgment of the learned Single Judge dismissing the writ petition filed by the appellant challenging the order dated 11th Jule, 2006 (Annexure 1) by which the appellant was put under suspension contemplating disciplinary proceedings to be initiated against him. The fact that a complaint was pending against him and he has produced certain material to allay the apprehension that he has committed alleged mis- conduct, are the fact not in dispute. Therefore, in these circumstances, it cannot be said that the power of suspension has been exercised without any existing material on the basis of which satisfaction could be reached by the authority in the allegation made in the complaint that an enquiry is needed to be conducted. 2 Moreover, the order of suspension passed under the Rajasthan Civil Service (Classification Control and Appeal) Rules, 1958 is amenable to appeal under Rules of 1958. In that view of the matter, we are of the opinion that the extraordinary jurisdiction could not have otherwise been invoked ordinarily in the present case. What the petitioner is seeking from this Court is to substitute its satisfaction that the defence put forward by him, should result in finding in his favour. This, in our opinion, is not the scope of the enquiry for invoking extraordinary jurisdiction of the Court, while considering the challenge to passing the order of suspension. In the similar facts and circumstances DB Civil Special Appeal No. 529/2006 arising from the same order of the suspension of co- delinquent has since been dismissed on 20.09.2006. Accordingly, we do not find any merit in this appeal and the same is hereby dismissed, however, without prejudice to appellant's right to seek his remedy provided under the Rules of 1958. Any observations made herein, 3 shall not prejudice s the rights of the petitioner before the remedial forum. (BHANWARU KHAN),J. (RAJESH BALIA),J. ARTI