THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.15945 OF 2011 ORDER: This Writ Petition is filed seeking to issue writ of mandamus declaring the action of the respondents in suspending the petitioner from service vide proceedings bearing No. E/34/EGS/DWMA/11, dated 24-05-2011 as illegal and arbitrary and set aside the same and consequently direct the respondents to reinstate the petitioner. 2. The petitioner was appointed as Field Assistant in October, 2007 and worked as such till 09-05-2011. He received a notice from the 1st respondent alleging that he has not started the works which are suppose to carry out in the month of January and February, 2011, for which he submitted an explanation stating that in his village the canal is in low lying area and due to that, there is full water in the canal and there was no weed or unwanted water plants in the canal and as such digging works are not possible due to water. Not satisfied with his explanation, the 1st respondent placed the petitioner under suspension pending enquiry on the ground that the petitioner deliberately not stated the work. Hence, the writ petition. 3. Learned counsel appearing for the petitioner contended that as there was heavy flow of water in the canal, work has not been started and that is not a misconduct so as to place an officer under suspension and hence, she prays to set aside the impugned order. 4. On the other hand learned counsel appearing for the 2nd respondent opposed the same on the ground that it a suspension pending enquiry and hence, he prays to dismiss the writ petition. 5. There cannot be any dispute that an order of suspension pending disciplinary enquiry or contemplated enquiry can ordinarily be made after the disciplinary/appointing authority comes to the conclusion that there is sufficient reason for keeping an employee under suspension i.e., in other words there has to be a proper application of mind and satisfaction that suspension is called for in a given case. 6. Placing a person under suspension pending enquiry is an administrative action to be taken by the disciplinary/appointing authority with regard to misconduct. Ordinarily, this Court would not interfere with the suspension order unless it is suffered by mala fides or the person who passed the order has no authority to place an employee under suspension. The case of the petitioner does not fall under any one of the two categories as mentioned above. The allegation is that certain works have been entrusted to the petitioner in the month of February, 2011 and those works have not been started, thereby causing troubles to the wage seekers and had shown poor performance. The allegation is that the petitioner has deliberately not started the work, which was entrusted to him. Therefore, according to the disciplinary authority it is an indiscipline act on the part of the petitioner. Whether the petitioner has not started the work for the reasons beyond his control or whether it is a serious misconduct on the part of the petitioner are the matters to be decided in the enquiry to be conducted by the competent authority. Hence, the writ petition is devoid of merit and is liable to be dismissed. 6. Accordingly, the Writ Petition is dismissed. No order as to costs. ________________ K.C. BHANU, J DATED: 13-06-2011 Hsd