CWP 9094/2010 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH SB Civil Writ Petition No. 9094/2010 Jagdish Kataria Vs. Chairman, Jodhpur Vidyut Vitran Nigam Ltd. and others DATE OF ORDER : 19/07/2010 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. NK Singhal, for petitioner. Instant petition has been filed against the order whereby he was placed under suspension in exercise of powers conferred under Regulation 9 of the erstwhile RSEB (CC&A) Regulations, 1962 vide order Dt.18/12/2009 Anx.1 primarily on the premise that a criminal case has been registered against the petitioner. Counsel has placed reliance on the judgment reported in 2005(9)RDD, Prem Prakash Mathur Vs. State and 2010(1)WLC 562, Samrath Singh Vs. State and argued that no circular can govern the discretion of the competent authority which has to take an independent view of the matter whether or not to put an employee under suspension which was desirable in the interest of administration. Upon hearing counsel and perusing the material on record and also the submissions raised, this Court is of the view that all these issues ought to first receive consideration of the appellate authority in terms of Rule 10 of the RSEB Employees (CC&A) Regulation, 1962. CWP 9094/2010 [2] Therefore, the order passed by the competent authority is appealable under Rule 10(supra) and appeal can be entertained and decided by the appellate authority. In view of the order assailed in the instant writ petition, this Court is not inclined to use its discretion under Article 226 of the Constitution of India, however, at the same time, it is observed that if appeal is preferred by the petitioner Rule 10 of the RSEB Employees (CC&A) Regulation, 1962 within 30 days from today, it is expected from the appellate authority to consider and take note of the judgments, referred above with other arguments which the petitioner may raise before him and pass appropriate speaking order within a period of three months from the date of submission of the appeal. With these directions/observations, the writ petition stands disposed of. [AJAY RASTOGI], J. Raghu-9094-CW-2010-final.doc