CW 13190/09 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.13190/09 Bhagwan Singh Versus State & Anr. DATE OF ORDER : 23/10/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Suresh Pareek, for petitioner *** Instant petition has been filed by petitioner assailing order of suspension passed by the authority in exercise of power U/r.13 of Rules, 1958 vide order dt.5th April, 2008 on the premise that an FIR u/ss.420, 467, 468, 471 & 120B IPC was registered against him. It has been informed to this court that after challan has been filed, no progress has taken place. However, under the directions, Tehsildar, Tehsil Roopwas, Bharatpur had inquired into the matter and sent its report to the Collector on 6th August, 2008 [Ann.6] in which he has opined that the petitioner was innocent and despite this report being sent by Tehsildar concerned to the Collector, his case has not been reviewed despite representation made before the authority. Petitioner was placed under suspension because of FIR being registered against him. CW 13190/09 [2] After filing of challan, no progress has taken place and charge is yet to be framed. But, at the same time, the Tehsildar had inquired into the matter independently and sent its report to the Collector. It is expected from the competent authority i.e. Collector, Bharatpur to examine the matter afresh and review its decision in the light of R.13(5) of the Rules. Without going into merits of the matter at this stage, this court considers proper to direct the petitioner to make a fresh representation U/r.13(5) of the Rules for review of decision placing him under suspension vide order dt.5th April, 2008 within a period of 15 days from today. If it is made, the Collector, Bharatpur is directed to examine the matter afresh in the light of report of Tehsildar dt.6th August, 2008 [Ann.6] and may take independent decision within a period of two months thereafter by passing a speaking order. Decision whereof be communicated to the petitioner, who if feels aggrieved, will be free to avail remedy under law. With the above observations, writ petition stands disposed of. [AJAY RASTOGI], J. FRBOHRA13190CW09 23-10.doc