SBCWP3001/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.3001/2010 Ramavatar Sharma Vs. State of Rajasthan and Others Date of Order ::: 28.04.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Rajkumar Jain, Counsel for petitioner #### By the Court:- Grievance of petitioner is that he was working as Class IV employee and he has been on record unjustifiably shown as In-charge of Mustard Purchase Center. The Manager of the Center and its Accountant were mainly responsible for shortage of the mustard stock. Petitioner has been illegally subjected to disciplinary proceedings. First time, he was placed under suspension on 03.11.2008 by order of the General Manager, Lalsot Kriya-Vikraya Sahakari Samiti Limited, District Dausa. Petitioner filed an appeal challenging the suspension order under Section 104 of the Rajasthan Cooperative Societies Act, 2001 before the Cooperative Minister. In meanwhile, respondent No.3 revoked petitioner's suspension on 02.02.2009 reinstating him back pending the enquiry. In view of observations made by the Cooperative Minister while dismissing petitioner's appeal filed against the final enquiry report, respondent no.3 again suspended the petitioner vide order dated 22.10.2009. Thereafter a SBCWP3001/2010 // 2 // charge-sheet was served upon the petitioner on 27.10.2009. Learned counsel for petitioner submitted that the charge-sheet issued to the petitioner on 27.10.2009 has not yet been taken to any logical conclusion and that no proceedings are being taken in such charge-sheet and therefore the disciplinary proceedings are lying standstill. On other hand, petitioner, having been placed under suspension again on 22.10.2009, still continues to be under suspension. Having regard to the facts of the case, instead of directly entertaining the writ petition, I require the petitioner to make a suitable representation to the disciplinary authority, who shall expedite the disciplinary proceedings against the petitioner. If the disciplinary proceeding are not concluded within a period of one year, the disciplinary authority shall examine advisability of revoking the petitioner's suspension without being influenced by observations made by the Cooperative Minister in his order dated 29.09.2009 and pass a fresh order as to revocation of petitioner's suspension or otherwise, on such representation of the petitioner. Writ petition stands disposed of. (Mohammad Rafiq) J. //Jaiman// SBCWP3001/2010 // 3 //