CWP 9136/2010 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH SB Civil Writ Petition No. 9136/2010 Ram Prasad Somani Vs. State of Rajasthan & ors. DATE OF ORDER : 19/07/2010 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. NK Singhal, for petitioner. Instant petition has been against the order whereby the petitioner, while working on the post of LDC-cum-Senior Salesman, was placed under suspension vide order Dt. 23/02/2009 Anx.1 on account of a criminal case being registered against him under the Prevention of Corruption Act. Counsel submits that the Rajasthan Civil Services (CCA) Rules, 1958 are applicable upon the employees of the respondents. A legal notice was also served by the petitioner for examining the case of petitioner but nothing has been done in the matter and the petitioner is facing agony of suspension for last more than one and half year. Counsel has placed reliance on the judgment reported in 2005(9)RDD, Prem Prakash Mathur Vs. State and 2010(1)WLC 562, Samrath Singh Vs. State 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 CWP 9136/2010 [2] was desirable in the interest of administration. It is indeed an appealable order under Rule 22 of the CCA Rules,1958. Taking note thereof, this Court is not inclined to exercise its equitable jurisdiction under Article 226 of the Constitution of India, however, at the same time, it is observed that if appeal is preferred by the petitioner Rule 22 of the CCA Rules, 1958 within 30 days from today, it is expected from the appellate authority to consider and take note of the judgments, referred above with other arguments which the petitioner may raise before him and pass appropriate speaking order within a period of three months from the date of submission of the appeal. If the petitioner is still aggrieved, will be at liberty to avail remedy available under law. With these directions/observations, the writ petition stands disposed of. [AJAY RASTOGI], J. Raghu-9136-CW-2010-final.doc