1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. O R D E R SATYA SWAROOP V. THE STATE OF RAJASTHAN UPADHYAY & OTHERS. S. B. CIVIL WRIT PETITION NO.2468/2005 Under Article 226 of the Constitution of India. DATE OF ORDER 20/02/2008 PRESENT HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI Mrs. Nupur Bhati, for Petitioner(s). Mr. Shyam Ladrecha, State Counsel, for Respondents. BY THE COURT: By this writ petition, the petitioner challenged the order dated 11.4.2005 Annex 25 and the order dated 12.4.2005 Annex.26 respectively, by which the petitioner was placed under suspension pending enquiry. During the pendency of the writ petition, the order of suspension was withdrawn by the 2 respondents, thus so far as the prayer to challenge the order of suspension is concerned, the same has come to an end. Learned counsel for the petitioner, however, submits that even the charge-sheet issued to the petitioner on a later date may also be quashed. The charge-sheet, in reference, was filed to a subsequent date along with additional affidavit. The submission of the learned counsel for the petitioner is that in view of the decision of the Rajasthan Civil Services Appellate Tribunal, on the appeal preferred by one Prakash Chand Jain, nothing survives for inquiry against the petitioner. In that regard, my attention was drawn towards the charge-sheet dated 17.5.2006 issued under Rule 17 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules (for short, 'the CCA Rules'). The perusal of the writ petition and prayer made therein does not show that the petitioner has challenged the charge- sheet dated 17.5.2006, rather the said charge-sheet was issued and filed subsequent to the filing of the writ petition. Thus, in absence of specific prayer made in the writ petition, the argument of the learned counsel for the petitioner cannot be accepted so as to quash the charge-sheet dated 17.5.2006. However, looking to the fact that said charge-sheet has come on 3 record by way of additional affidavit and was otherwise issued under Rule 17 of the CCA Rules, it is expected from the respondents to pass necessary orders within a period of two months, if no order in regard to charge-sheet has yet been passed. The respondents are further directed to take into consideration the subsequent order passed by the Rajasthan Civil Services Appellate Tribunal while passing the order with regard to the charge-sheet pursuant to the direction of this Court. With the aforesaid directions, the writ petition is disposed of. It is directed to the learned counsel for the respondents to inform the Authorities concerned regarding the direction issued by this Court for its compliance. (MUNISHWARNATH BHANDARI),J. scd