1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.7621/2009. : : Deen Dayal Vs. State of Rajasthan & Ors. : : Date of Order 6.7.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. S. K. Saksena for the petitioner. Learned counsel for the petitioner relied on the judgment of Division Bench in Bhanwar Lal Paliwal Vs. State & Ors : RLR 2000 (3), 545 and argued that Division Bench in the aforesaid case has held that while placing the Government servant under suspension the Government shall take into consideration the gravity of misconduct and offences, if such offence is committed in his private or individual capacity and not in his capacity as a Government servant. Allegation against the petitioner is of beating his wife and on that basis first information report has been lodged against him under Section 323 and 498-A IPC. Learned counsel for the petitioner submitted that marriage between petitioner and the complainant took place more than 20 years ago. Petitioner was taken as a deemed 2 suspended because he was confined in judicial custody from 14.5.2009 to 5.6.2009 for about fortnight and thereafter granted bail. Having regard to the facts of the case, instead of directly entertaining this writ petition, I deem it proper to require the petitioner to make a representation to reconsider the advisability of continuation of his suspension order keeping in view the dictum of law as laid down by this Court in above referred to judgment. Such representation shall be decided within a period of six weeks from the date it is submitted. This writ petition is disposed of accordingly. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.91.