- 1 - S.B.CIVIL WRIT PETITION NO.2424/2005 (Onkar Lal Sharma vs. State of Rajasthan & Ors.) DATE OF ORDER : 12/5/2008 HON'BLE JUSTICE GOPAL KRISHAN VYAS Mr.B.K.Vyas,for the petitioner. Mr.Shyam Ladrecha, Government Counsel. In this case petitioner is challenging the validity of suspension order Annex.8 dated 12/4/2005, whereby, he was placed under suspension on administrative ground. Upon perusal of the order impugned it is apparent that the same is patently illegal. Under Rule 13 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 a Government employee can be placed under suspension in contemplation of an inquiry or in the event of pendency of criminal case. Admittedly, in this case on the date of order of suspension, there was no initiation of inquiry against the petitioner so also there was no pendency of criminal case, therefore, order of suspension dated 12/4/2005 is totally illegal and contrary to the Rules of 1958. It is also one of the important facts stated in the reply by the respondents that petitioner was placed under suspension because charge sheet under Rule 17 of the Rules of 1958 was issued against him on 21/4/2005. Obviously, under Rule 17 of the Rules minor penalties can be - 2 - inflicted so also said charge sheet was issued on 21/4/2005, therefore, order of suspension is totally unwarranted and contrary to the Rules. Therefore, the order of suspension dated 12/4/2005 passed by the Vikas Adhikari, Panchayat Samiti, Sahara District Bhilwara is quashed and set aside and respondents are directed to finalise the so called inquiry initiated against the petitioner under Rule 17 of the Rules, 1958 for alleged misconduct within a period of one month from the date of receipt of certified copy of this order, if not already decided. The writ petition is allowed accordingly. (GOPAL KRISHAN VYAS), J. pankaj baweja