1/2 S.B. CIVIL WRIT PETITION NO.7195/2008 Jagdish Prasad vs State of Raj. & Ors. DATE OF ORDER: 15.5.2009 HON'BLE MR. PRAKASH TATIA, J. Mr. PK Bohra, for the petitioner. Mr. YP Khileri, DY. GA for the respondents. <><><> Heard learned counsel for the parties. Due to conviction in the appeal by the appellate court in a case registered on 26th June, 1986 on FIR lodged under Sections 323, 324 and 326 read with Section 307 IPC, wherein the petitioner has not been convicted under Section 307 IPC, the petitioner has been suspended vide order dated 3.10.2007. The petitioner first approached this Court by filing the writ petition no.9945/2007 wherein the petitioner was permitted to submit his representation. According to the petitioner, the petitioner's representation was considered, but the order, which was passed by the respondents in Annex.2, the respondents was under impression that petitioner's revision petition no.4130/2007, wherein sentence has been suspended, the department understood it to be keep the petitioner under suspension till the cases are decided by the Court. 2/2 Be it as it may be, in a case, which was registered on 20th June, 1986 and trial has completed, the appeal has already been decided and revision petition is pending before this Court then there was no justification for the respondents to suspend the petitioner at this belated stage. In view of the above reasons, the writ petition of the petitioner is allowed and the order of suspension of the petitioner dated 3.10.2007 is set aside. (PRAKASH TATIA), J. c.p.goyal/-