1 S.B. CIVIL WRIT PETITION NO.65/2005 Lal Chand. vs. State of Rajasthan and ors. Date : 24.1.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.CS Kotwani, for the petitioner. Mrs.RR Kanwar, Dy.GA ) for the respondents. Mr.NL Joshi ) - - - - - Heard learned counsel for the parties. The petitioner was suspended vide order dated 8.12.2004 and the operation of the said order was stayed by the order of this Court dated 22.3.2005. Learned counsel for the petitioner submitted that in a joint enquiry, another employee Daya Ram Nain was also suspended in the year 2004 and operation of suspension order of Daya Ram was also stayed by this Court in Daya Ram's writ petition. Said writ petition was allowed by this Court only on the ground that when suspension order of the year 2004 was stayed by this Court and that stay is continuing and the employee is already in job, 2 then there is no reason to pass any other order so as to put the petitioner again under suspension after almost more than 2½ years. Since in this case also, the suspension order was passed on 8.12.2004 and that order was stayed by this Court on 22.3.2005, I do not find any reason to change the situation and in fact, the department could have completed the departmental proceedings during this period and during departmental enquiry, when the petitioner is continuing for such a long period, then also, there is no reason to put the petitioner under suspension now. In view of the above, this writ petition is allowed and the suspension order dated 8.12.2004 is quashed. (PRAKASH TATIA), J. S.Phophaliya