- 1 - S.B.CIVIL WRIT PETITION NO.2047/2006 DATE OF ORDER : 7/7/2008 HON'BLE JUSTICE GOPAL KRISHAN VYAS Mr.Rajesh Shah, for the petitioner. Mr.N.K.Mehta, for the respondent. Heard learned counsel for the parties. In this case a prayer has been made by the petitioner for releasing his salary for the period during which he remained under suspension. The case of petitioner is that he was placed under suspension vide Annex.1 dated 3/4/2000,thereafter, petitioner was reinstated in service vide order dated 29/6/2001 and a representation was filed by the petitioner for releasing his salary. The petitioner not only made a prayer for payment of salary for the suspension period but for promotional benefits also. After issuance of notice in this petition, a charge sheet under Rule 16 of the CCA Rules, 1959 was issued to the petitioner for alleged misconduct, which he has placed on record as Annex.2. The charge sheet issued to the petitioner has been challenged by the petitioner in a separate writ petition which is registered as S.B.Civil Writ Petition No.7550/2007, which is still pending. - 2 - In this view of the matter, no order can be passed in this writ petition for making payment of salary for the period during which petitioner remained under suspension. Now after completion of inquiry appropriate order will be passed by the disciplinary authority for the purpose of salary and petitioner will be at liberty to claim his promotion. In this view of the matter, this writ petition has become infructuous, therefore, dismissed as such. (GOPAL KRISHAN VYAS),J . pankaj baweja