CW 5491/08 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.5491/08 Milkha SinghVersus State & Anr. DATE OF ORDER : 30/05/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Shashi Bhushan Gupta, for petitioner *** Instant petition has been filed by petitioner assailing order of suspension dated 3rd May, 2006 [Ann.6] passed by the competent authority in exercise of power under R.13(1) of CCA Rules, 1958. Counsel submits that after challan has been filed, no progress in the matter has taken place and he is under suspension for almost 2 years by now and facing mental agony. R.13 of CCA Rules authorizes authority to place an employee under suspension if disciplinary inquiry is contemplated or pending or a case in respect of any criminal offence is under investigation or trial. In the instant case, petitioner is facing trial for offence u/s.376B IPC. In the facts of instant case, this court does not find any infirmity in the order placing petitioner under suspension. Counsel has further brought to the notice of this court that in case of one Nemi Chand who was facing trial for offence u/s.376 IPC his suspension order has been revoked by the government vide order dated 29th January, 2002. CW 5491/08 [2] It is true that almost two years have rolled by now, petitioner will be free to file representation for revocation of his suspension to the State Government under R.13(5) of CCA Rules, 1958 and if such representation is made within one month, the authority may consider objectively and decide the same by passing a speaking order within three months thereafter in accordance with law. Copy of their decision be communicated to him. If still petitioner feels aggrieved by their decision, he will be free to avail remedy available under law. With the above observations, the writ petition stands disposed of. [AJAY RASTOGI], J. FRBOHRA5491CW2008 30-5.doc