1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR D.B. Civil Special Appeal (Writ) No.1087/2009 IN S.B. Civil Writ Petition No.9959/2008 (The State of Rajasthan & Ors. Vs. Shri Ram) Date of Judgment ::: 12.05.2010 Hon'ble The Chief Justice Mr. Jagdish Bhalla Hon'ble Mr. Justice M.N. Bhandari Mr. R.P.Singh, AAG., for the appellant(s). Mr. P.V.Calla, for the respondent. By the Court: By the appeal, the impugned order dated 11.05.2009 passed by the learned Single Judge has been assailed mainly on the ground that beyond the prayer made in the writ petition, the relief has been granted. Learned Additional Advocate General submits that there was a challenge to the order of suspension with a prayer to reinstate the non-appellant with all consequential benefits. However, in the impugned judgment, charge sheet served on the non-appellant was quashed though it was not subject matter of the writ petition and the prayers made therein. This is more so when order of suspension was withdrawn in between. Learned counsel appearing for the non-appellant, on the other hand, submits that prayer in the writ petition was 2 only against the order of suspension, however, during pendency of the writ petition, since charge sheet was served, it was brought on record and accordingly, adjudicated by the learned Single Judge. We have considered the submissions made by the learned counsel for the parties and perused the record of the case. From perusal of the writ petition and the prayers made therein, it becomes clear that it was against the order of suspension, with a prayer for reisntatement with all consequential benefits. In view of aforesaid, charge sheet issued to the non-appellant-employee could not have been taken up for adjudication for passing of the impugned order. Learned Single Judge vide its order dated 11.05.2009 quashed the charge sheet. Looking to the facts mentioned above, we are of the opinion that when prayer in the writ petition was not for quashing of charge sheet, then issue regarding charge sheet could not be adjudicated. Accordingly, the appeal is allowed and the impugned order dated 11.05.2009 by the learned Single Judge is set aside. This is more so when order of suspension was withdrawn prior to passing of impugned judgment by the learned Single Judge. 3 It is prayed by learned counsel for the non- appellant that he may be given liberty to challenge the disciplinary action taken against him including challenge to the charge sheet. The prayer made is accepted. It would be open for the non-appellant to take all appropriate legal recourse, if he is aggrieved by any action of the appellant. (M.N. Bhandari) J. (Jagdish Bhalla) C.J. Item No.24 Preety/Jr.P.A.