CW 12027/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.12027/2009 Sumer S. Swami Versus State & Ors. Date of Order ::: 20/10//09 Hon'ble Mr. Justice Ajay Rastogi Mr. Tanveer Ahmed, for petitioner Instant petition has been filed against order dt.25/02/09 (Ann.10) placing the petitioner under suspension in exercise of powers U/r 13(1)(b) of Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (“CCA Rules”) due to criminal case (FIR-189/08 dt.24/07/08) being registered against him for offences U/Ss 7/13(1)(d)/13(2) of Prevention of Corruption Act, 1988. Counsel submits that very complaint made against petitioner is fabricated and he was nowhere concerned therewith and as regards innocence it has been certified by Principal of the institution; and narration of facts alleged in FIR impugned in no manner probablise of taking any bribe since issuance of certificate was not in his control but was under direct control of the Principal and unless articles are deposited by cadets (NCC), certificate could not have been issued by the institution. CW 12027/09 //2// In the opinion of this Court, what has been submitted by Counsel, may be defence of petitioner. But, the Court has only to examine as to whether the authority was justified in passing order of suspension on the basis of FIR being registered for offences U/Ss 7/13(1)(d), & 13/(2) of PC Act, and that authorise the authority to take its decision placing an employee under suspension U/r 13 of CCA Rules. In the instant case, FIR has been registered for offences punishable under the P.C. Act. Suspension is not a punishment. The authority cannot be said to be unjust or has abused of discretion in exercise of powers of placing an employee under suspension U/r 13 of CCA Rules, 1958. Counsel also submits that petitioner may be permitted to make representation seeking review of decision for placing him under suspension since more than six months have rolled by. He is always at liberty to make representation, if so desired. Consequently, writ petition is devoid of merit and accordingly dismissed. (Ajay Rastogi), J. K.Khatri/p.2/ 12027CW09Oct20-DsRmdySusp.doc