S.B. C. Writ Petition No. 4267/2010. (Shyam Singh Vs. Ajmer Vidhyut Vitran Nigam Ltd.) Date of Order: 29/03/2010. HON'BLE MR. MOHAMMAD RAFIQ,J. Mr. NK Singhal, for the petitioner. This writ petition has been filed by the petitioner aggrieved by the order of suspension dated 31.12.09 primarily on the ground that the petitioner has been put under suspension only because an FIR was lodged against him, but that FIR was as far back as of 27.6.06. The Secretary AVVNL, Ajmer solely acting upon the Government's Circular dated 10.8.01, has decided to put the petitioner under suspension belatedly. The learned counsel in this connection cited the judgments of this Court in Prem Prakash Mathur Vs. State, 2005(9) RDD 3962; and Samrath Singh Vs. State, 2010(1) WLC 562 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 the learned counsel for the parties and perusing the material on record, I find 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. Therefore, the order passed by the competent authority is appelable under Rule 10(supra) and appeal can be entertained and decided by the appellate authority. The writ petition is therefore disposed of requiring the petitioner to file an appeal before the CMD, AVVNL within a period of 30 days form the date of receipt of a copy of this order. If such an appeal is filed, the appellate authority is expected to consider the cited judgments also along with other arguments which the petitioner may raise before him and pass appropriate order within a period of three months from the date of submission of the appeal. The petition is accordingly disposed of. (MOHAMMAD RAFIQ),J. Gandhi/-P.A. Item no. 43