CW 8642/08 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.8642/08 Mali Ram Versus State & Anr. DATE OF ORDER : 29/08/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Mukesh Rajpurohit for Mr. Sandeep Pathak, for petitioner *** Petitioner was working as Superintending Engineer and while granting sanction for prosecution vide order Ann.7 dt.30th July, 2008 in Criminal Case No.113/01 which was registered against him u/s.13(1)(e) read with Section 13(2) of Prevention of Corruption Act, the competent authority considered appropriate to place him under suspension in exercise of power under R.13 of Rules, 1958 vide order Ann.8 dt.30th July, 2008. Counsel submits that prior to FIR was registered against him u/s.13(1)(e) read with Section 13(2) of Prevention of Corruption Act, notice was served upon him with regard to dis- proportionate assets which was inquired after taking into consideration his representation and no incriminating material came on record. As such, no departmental action was initiated against him, but after grant of sanction for prosecution the petitioner has been placed under CW 8642/08 [2] suspension which in the facts of instant case in no manner can be legally justified, moreso the petitioner is going to retire in the Month of December, 2008. At this fag-end of his career placing him under suspension vide order impugned is nothing but an arbitrary exercise of power, violates Article 14 of the Constitution of India. Counsel further submits that while granting sanction for prosecution, the discussion which has taken place with the investigating officer and has also been made to be a basis, does not disclose application of mind of the competent authority in taking its independent decision placing the petitioner under suspension. Such action is arbitrary and is not legally sustainable. In support of his submission, counsel placed reliance on the judgment of apex court in State of Karnataka Vs. Ameer Jan. [2007 AIR SCW-6217]. It appears from the record that after Criminal Case No.113/01 was registered against petitioner, it was investigated and when the investigating officer came to the conclusion for alleged offence being committed, matter was sent to the authority competent for granting sanction for prosecution which is a requirement under law and the competent authority after perusal of CW 8642/08 [3] record granted sanction for prosecution vide order Ann.7 and at the same time considered appropriate to place the petitioner under suspension in exercise of power under R.13 of Rules, 1958 vide order Ann.8 dt.30th July, 2008. U/r 13 of the scheme of Rules, 1958, the authority is competent to place an employee under suspension in criminal case during pending investigation/trial. In the instant case, the authority has not taken any decision to place the petitioner under suspension during the period when FIR was pending investigation against him. After the investigating officer has submitted its report for filing challan against the petitioner u/s.13 (1)(e) read with 13(2) of Prevention of Corruption Act, the authority has examined the same and after due application of mind considered appropriate to grant sanction for prosecution. Certainly it is for the authority to take its decision after application of mind whether in the facts of instant case it is required to place the petitioner under suspension or not. The authority has applied its mind and after granting sanction for prosecution considered it appropriate to place him under suspension. CW 8642/08 [4] This court does not find any error committed by the authority in exercise of power under R.13 of Rules, 1958 placing the petitioner under suspension, particularly, when the authority certainly can place an employee under suspension during investigation or criminal trial pending against delinquent. As regards judgment [supra] on which counsel placed reliance is of no assistance in the facts of instant case. Consequently, I find no force in the writ petition, the same stands dismissed. [AJAY RASTOGI], J. FRBOHRA8642CW2008 29-8.doc