Full Judgment
Gopal Krishan Vyas, J.
1. Heard learned Counsel for the parties.
2. In this case, the petitioner has challenged the order Annexure P-1 dated 15.12.2004 passed by Executive Officer, Municipal Board, Mount Abu.
3. Admittedly, the petitioner is working on the post of Revenue Inspector in the Municipal Board, Mount Abu.
4. According to Rule 13 of the Rajasthan Civil Services (Classification, Control & Appeals) Rules, 1958, an employee can be placed under suspension in contemplation of any enquiry or if a case against him in respect of any criminal offence is under investigation or trial. Rules 13 of the Rules of 1958 reads as under:
13. Suspension.-(1) The Appointing Authority or any authority to which it is subordinate or any other authority empowered by the Government in that behalf may place a Government servant under suspension.
(a) where a disciplinary proceedings against him is contemplated or is pending, or
(b) where a case against him in respect of any criminal office is under investigation or trial;
Provided that where the order of suspension is made by an authority lower than the Appointing Authority, such authority shall forthwith report to the Appointing Authority the circumstances in which the order was made.
5. A bare perusal of Anriexure-P-1 goes to show that this order has been passed upon the allegation that the petitioner has misbehaved with the Chairman but it is nowhere stated that any enquiry is contemplated against the petitioner or any case against him in respect of any criminal offence is under investigation or trial. Therefore, the impugned order of suspension is totally illegal order and has been passed in contravention of Rule 13 of the Rules of 1958. It is also required to be observed that the order impugned has been passed by the Commissioner, Municipal Board, Mount Abu who is not competent to pass suspension order.
6. In this view of the matter, the order of suspension deserves to be quashed as it has no foundation to stand before the eye of law because on the date of passing the order of suspension no enquiry was pending or contemplated or proposed, so also no criminal case was pending against the petitioner. Accordingly, the writ petition is allowed and the impugned order of suspension dated 15.12.2004 Annexure P-1 is hereby quashed with all consequential benefits. No order as to costs.