CW 8445/06 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.8445/06 Dr. Jitendra Budania Versus State & Ors. DATE OF ORDER : 17/11/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Miss Anita Agrawal for Mr. G.K. Garg, for petitioner Mr. J.K. Agrawal, Addl. Govt. Counsel, for State *** Instant petition has been filed by petitioner assailing order by which he was placed under suspension by Principal Medical Officer, Jhunjhunu vide order dt.15th October, 2006 [Ann.5]. Petitioner who is working as Medical Officer while posted at PP Centre, Baggar, District Jhunjhunu, was placed under suspension vide order Ann.5 dt.15th October, 2006 by Principal Medical Officer, Jhunjhunu. Main & foremost contention of the counsel for petitioner is that Principal Medical Officer, Jhunjhunu was neither appointing authority nor the authority subordinate thereto and also not the authority empowered by the Government in that CW 8445/06 [2] behalf who has placed the petitioner under suspension. In such circumstances, the very order placing the petitioner under suspension is without authority and in clear violation of R.13 of CCA Rules, 1958. Notices were issued by this court on 31st October, 2006 and operation of impugned order Ann.5 dt.15th October, 2006 was stayed and in compliance thereto, the petitioner was allowed to continue. However, during pendency of petition, notice U/R.17 of CCA Rules Ann.8 dt.15th April, 2008 was served upon him and after taking his reply into consideration, proceedings initiated against him U/R.17 of the Rules were dropped under the orders of Director, Medical & Health Services dt.16th July, 2008 [Ann.10]. When the matter came up before this court on 18th September, 2008, counsel for respondents was directed to seek instructions as to how far the order of suspension can still be allowed to continue against him after the inquiry proceedings were finally dropped against him. CW 8445/06 [3] Even the OIC who is present in Court today he too is not aware about later development which has taken place and has shown his complete ignorance about the notice U/R.17 of the Rules and the order passed by the authority whereby the proceedings initiated against him were dropped vide order dt.16/7/08. The order of his appointment Ann.1 dt.21st March, 1991 was issued under the orders of Director, Medical & Health Services, nothing has been placed on record to show that Principal Medical Officer, Jhunjhunu is either the authority subordinate thereto or he has been empowered by the Government in this behalf as a consequence whereof and so also after later development which has taken place whereby the inquiry proceedings initiated against him U/R.17 of CCA Rules have been dropped by the competent authority vide order Ann.10 dt.16th July, 2008. The order of suspension does not hold good and deserves to be set aside. Consequently, writ petition stands allowed. Order Ann.5 dt.15th October, 2006 placing the petitioner under suspension is hereby quashed and CW 8445/06 [4] set aside. Petitioner will be entitled for all consequential benefits to which he is entitled for under law. No costs. [AJAY RASTOGI], J. FRBOHRA8445CW06 17-11.doc