1 S.B. CIVIL WRIT PETITION NO.2130/2005. (Nebh Raj Adlakha Vs. State & Ors.) Date of Order :: 4th October 2007. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. C.S.Kotwani, for the petitioner. Mr. Rameshwar Dave, Deputy Government Advocate. .... This petition for writ filed by the petitioner, working as Assistant Engineer with the Irrigation Department of Government of Rajasthan and challenging his order of suspension dated 30.03.2005 (Annex.8), was taken up for consideration on 08.04.2005; and, after noticing the submissions of the petitioner, this Court issued notices on the writ petition and the stay application and stayed effect and operation of the impugned suspension order dated 30.03.2005 with the following order:- ''The learned counsel for the petitioner submits that the petitioner is working in the Link Sub Division, Sangaria, Head Office, Sri Ganganagar as Assistant Engineer. The State Government issued Scheme of outlets of water in three major projects i.e. Gang Nahar Project, Bhakra Project and Indira Gandhi Project. The main contention of the petitioner is that he had worked under the supervision of respondent No.6 and he had only to assist the respondent No.6. Further the petitioner was discharging his duties with all sincerity but on account of the wrong drawing available on the site and on account of mob at the site on 28.3.2005 and 29.3.2005, the work could not be carried out at the site, for which the petitioner could not be held guilty. However, in order to victimize the petitioner, he has been placed under suspension vide order dtd.30.3.2005 (Annex.8). Issue show cause notices to the respondents. Issue notices of stay petition as well. Rule is made 2 returnable within a period of four weeks. Notices be given ''Dasti''. Meanwhile effect and operation of order dtd. 30.3.2005 (Annex.8) shall remain stayed till next date of hearing. Put up after four weeks as prayed.'' The record of this petition shows that the interim order so passed by this Court was extended from time to time; and then, on 10.08.2005, this Court rejected the application for vacating the interim order; and while confirming the stay order dated 08.04.2005, ordered to place the matter for hearing. It appears further from the record that an intra-court appeal was taken by the respondents against confirmation of stay order (SAW No.125/2006) that came to be considered and decided by the Hon'ble Division Bench on 06.03.2006 while noticing the fact that order of suspension had been revoked and thus finding that nothing survived in the appeal. The Hon'ble Division Bench observed and ordered thus: ''The instant special appeal has been filed against the order of learned Single Judge confirming the stay of suspension. It is submitted by the learned Addl. Government Advocate that the order of suspension has been revoked. In view of the order, instant appeal does not survive. The special appeal stands dismissed.'' On this writ petition being taken up for consideration today, learned counsel for the petitioner has placed on record a copy of the order dated 22.11.2005 issued by the respondents revoking 3 suspension order subject to the decision of this writ petition. On being asked about the progress in the matter, if the Department has at all taken up any disciplinary proceedings against the petitioner as contemplated by the impugned order dated 30.03.2005, learned Dy. Government Advocate has placed before the court a communication received from the Office of Addl. Chief Engineer, Water Resources Division, Jodhpur pointing out the fact that such disciplinary proceedings have yet not commenced and charge-sheet has not been served. Having regard to the above noted facts and overall circumstances of this case where the Department has yet not commenced the departmental proceedings and has already revoked the suspension order subject to the decision of the writ petition, it appears appropriate to quash the suspension order dated 30.03.2005 that is already a spent force in view of the orders passed by this Court and then, for the order passed by the Department itself and further, for the Department having not commenced any disciplinary proceedings as yet. Ordered accordingly. However, it is made clear that quashing of the said suspension order shall otherwise not have any bearing or effect on the rights of either of the parties to proceed in accordance with law. The petition succeeds to the extent indicated above. No costs. (DINESH MAHESHWARI), J. MK