MATHUR, J. - (1.)The petitioner, an Additional Block Primary Education Officer, was trapped for alleged involvement in corrupt practices and, therefore, a criminal case was registered against him for the offences punishable under different provisions of the Prevention of Corruption Act, 1988. He was also arrested and was kept in judicial custody for a period of more than 48 hours. The incident of trap occurred in the month of April, 2007.
(2.)The Commissioner, Secondary Education, Government of Rajasthan, Bikaner, while exercising power under Rule 13 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (hereinafter referred to as "the Rules of 1958") passed the order dated 11.10.2007 placing the petitioner under suspension w.e.f. 3.4.2007. To question validity of the order aforesaid, this petition for writ is preferred on following grounds:-
(1) the order impugned is bad being passed in mechanical exercise of powers; and (2) the order placing the petitioner under suspension is bad being essentially an administrative order, that could have not been passed with retrospective effect.

(3.)As per counsel for the petitioner, the order impugned placing the petitioner under suspension was passed without examining the need to do so. It is asserted that the suspension though is not a punishment but is required to be effected with due caution and vigilance and a civil servant could not be placed under suspension without due application of mind and without examining the need to do so. Reliance is placed by counsel for the petitioner upon a judgment of this Court in the case of Ashutosh Dashora vs. State of Rajasthan & Ors., S.B. Civil Writ Petition No. 473/2007, decided on 29.4.2008, holding therein that "in every case, where the government servant is facing trial for criminal charges, including the charges relating to the Prevention of Corruption Act, suspension is not must. The competent authority, before placing an incumbent under suspension, must consider its necessity. The unwarranted suspension of a government servant not only deprives the employer from utilizing his services but also put a burden on public fund in the form of payment of subsistence allowance. The Government must review the suspension of the government servant time to time, and if it is found that the suspension is not required, it should be revoked."