CWP 9318/2010 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH SB Civil Writ Petition No. 9318/2010 Mahendra Prasad Sharma Vs. The State of Rajasthan & ors. DATE OF ORDER : 19/07/2010 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Vijay Pathak, for petitioner. Instant petition has been filed against the order whereby the petitioner, while working on the post of Patwari, was placed under suspension vide order Dt. 30/06/2010 Anx.8 on account of a criminal case being registered against him under the Prevention of Corruption Act which is pending trial. Counsel submits that the criminal case was registered against the petitioner in 2003 and prosecution sanction was also granted by the competent authority on 11/06/2004 but still the authority did not consider it appropriate to place him under suspension and there appears to be no justification for placing the petitioner under suspension in 2010 vide order impugned dt. 30/06/2010 pending trial when most of the witnesses have been examined. The order impugned herein dt. 30/06/2010 is indeed an appealable order under Rule 22 of the Rajasthan Civil Services (CCA) Rules,1958. In view of alternative remedy of appeal available to the petitioner under the CWP 9318/2010 [2] Rules,1958, this Court is not inclined to exercise its equitable jurisdiction under Article 226 of the Constitution of India. Consequently, the writ petition is dismissed. However, the petitioner is at liberty to avail remedy of appeal available under the law. [AJAY RASTOGI], J. Raghu-9318-CW-2010-final.doc