IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (LODGING) NO.100 OF 2009 Mangala S. Anchan .. Petitioner Vs. State of Maharashtra and another .. Respondents Mr. D.S. Jadhav with Mr. Sachin J. Kadam for the petitioner. Mr. G.W. Mattos, Assistant Government Pleader for the State. Mr. R.R. Salvi for the respondent No.2. CORAM : SWATANTER KUMAR, C.J. & DR. D.Y. CHANDRACHUD, J. DATED : 3RD FEBRUARY, 2009 P.C. We have heard the learned counsel appearing for the petitioner. The petitioner challenges the legality and correctness of the order of suspension dated 26th December, 2008 passed by the State Government wherein it was stated that as departmental proceedings are contemplated against the petitioner, she was placed under suspension. The challenge is primarily in terms of section 15(4) of the Maharashtra Nurses Act, 1966 which has not been complied with and the petitioner can be placed under suspension only on the recommendation by the Council with the prior approval of the State Government. 2. We are not impressed by this submission. In any case, at this stage of proceeding, the petitioner has been served with the order of suspension to which the petitioner has filed the reply and has prayed to the respondent-authority to vacate the order of suspension. 3. Prima facie, we are of the view that the State Government has power to place the petitioner under suspension. The control and supervision of the State Government of the Council is wide enough to exercise such powers. Under section 40 of the Maharashtra Nurses Act, the State Government can take action where the Council, its President, Vice President fail to act in accordance with law. The allegations have been made that the Council is acting in collusion with the petitioner and, therefore, is not taking appropriate steps. We are not required to comment for or otherwise on merits of this contention and that as already noticed we are not even deciding the other question raised. However, we direct the State Government to go through the reply filed by the petitioner dated 16th January, 2009 and pass appropriate orders expeditiously and in any case within four weeks from today. Petition stands disposed of. CHIEF JUSTICE DR. D.Y. CHANDRACHUD, J.