SBCWP15051/2009 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.15051/2009 Suresh Kumar Meena Vs. Jaipur Vidhyut Vitran Nigam Limited, Vidyut Bhawan, Jaipur and Others Date of Order ::: 12.05.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Amit Singh, Counsel for petitioner #### By the Court:- Learned counsel for petitioner submits that petitioner, who is presently holding the post of Junior Engineer, was placed under suspension vide order dated 31.10.2003 on account of a criminal case being registered against him under the Prevention of Corruption Act. He further submits that vide order dated 11.11.2004 petitioner was reinstated but for the same criminal case he was again placed under suspension vide order dated 30.04.2008. Learned counsel submits that though challan has been filed before the court concerned but no charge has been framed as yet and trial will take its own time, and petitioner is facing agony of suspension for last about two year. He although made representation for review/reconsideration but same remained unheeded which compelled him SBCWP15051/2009 // 2 // to approach this Court by filing instant petition. Learned counsel further submits that despite there is a provision under Regulation 9 (5) of the erstwhile RSEB Employees (CC&A) Regulations, 1962 to review/reconsider the order of suspension, the authority has failed to exercise its power under Regulation 9(5) of the Regulations. Counsel has placed reliance on judgments of this Court reported in 2005 (9) RDD 3962 (Raj.), Prem Prakash Mathur Vs. State of Rajasthan & Others, decided on 20.09.2005. Counsel further submits that Circular issued by State Government dated 10.08.2001 will not supersede the statutory requirement which is to be complied with by the authority under Regulation 9(5) of the Regulations, 1962. Without going into merits of the matter, this Court considers it appropriate to direct petitioner to make a fresh representation for review/reconsideration of the order of suspension dated 30.04.2008 (Annexure-4) before competent authority under Regulation 9(5) of the Regulations, 1962, who may independently examine the same without being influenced by the instructions dated 10th August, 2001 and may also take note of the judgments referred to above and pass speaking order within three months SBCWP15051/2009 // 3 // thereafter and decision may be communicated to petitioner and petitioner, if still feels aggrieved, will be free to avail the remedy under law. With these directions, writ petition stands disposed of accordingly. (Mohammad Rafiq) J. //Jaiman//