1 W.P.No.6372/11 UNREPORTED IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.6372 OF 2011. Bhimrao S/o Deorao Shejwal, Age 50 years, Occ.Service, R/o Abhishree Niwas, Near Hanuman Mandir, Ramnagar, Jalna, Tq.and Dist.Jalna. ... Petitioner. Versus 1. The State of Maharashtra. 2. The Chief Executive Officer, Zilla Parishad, Jalna. ... Respondents. ... Mr.D.R.Irale Patil, advocate for the petitioner. Mr.K.B.Choudhari, Addl.Govt. Pleader for the Respondent No.1. Mr.V.R.Sonwalkar, advocate for Respondent No.2. ... CORAM : S.V.GANGAPURWALA,J. Date : 07.09.2011. 2 W.P.No.6372/11 ORAL JUDGMENT : 1. Heard. 2. Rule. Rule returnable forthwith. With the consent of the parties,the petition is taken up for final hearing. 3. The petitioner impugns the order suspending the petitioner on account of unauthorised absence. Mr.Irale Patil, learned counsel for the petitioner submits that the said order of suspension is against Rule 3 of the Maharashtra Zilla Parishad District Services (Discipline and Appeal) Rules, 1964. The Respondent No.2 has passed an order suspending the petitioner on the ground that the petitioner was absent. In fact, the petitioner had intimated about the said fact. The learned counsel further contends that the order of suspension issued is abinitio void and illegal. No inquiry is contemplated nor it is pending. Further no criminal offence is registered against the petitioner. In view of that the order be set aside. 3 W.P.No.6372/11 4. Mr.Sonwalkar, learned counsel for the Respondent No.2 submits that the petitioner was unauthorisedly absent because of which lot of inconvenience is caused. The order of suspension issued is self-explanatory. The same is issued after considering all the aspects. The petitioner can be suspended even if disciplinary proceedings are contemplated against him. In view of that the order of suspension can not be faulted. 5. Rule 3(a) of the Maharashtra Z.P.District Services (Discipline and Appeal) Rules, 1964 reads as under: "3. Suspension : The Appointing Authority or any other Officer of the Zilla Parishad to whom such Appointing Authority is subordinate or any other officer of the Zilla Parishad empowered by the Chief Executive Officer in that behalf may place a Parishad servant under suspension, - 4 W.P.No.6372/11 (a) where a disciplinary proceeding against him is contemplated or is pending, or (b) where a case against him in respect of any criminal offence is under investigation or trial : Provided that, where the orders of suspension are made by an authority lower in rank than the Appointing Authority, such authority shall forthwith report to the Appointing Authority the circumstances in which the order was made." Perusal of the said Rule, it is manifest that the petitioner can be suspended if some disciplinary proceedings are contemplated or pending against him or a case against him in respect of criminal offence is under investigation or trial. 6. In the present case, it is not a case that any investigation or trial in respect of a 5 W.P.No.6372/11 criminal offence is pending against the petitioner. The perusal of the order of suspension also does not depict that any disciplinary proceedings are contemplated against him nor any such proceedings are pending. In view of that the impugned order of suspension can not be sustained. 7. In the result, the Writ Petition is allowed in terms of prayer clause (B). However, there shall be no order as to costs. 8. Needless to state that in case the Respondent No.2 resorts to any disciplinary proceedings against the petitioner, the Respondent No.2 is at liberty to take such action as is permissible in law. (S.V.GANGAPURWALA,J.) asp/office/wp637211 6 W.P.No.6372/11