Ran Vijai Singh, J. - (1.) WRIT petitioner-appellant being aggrieved by the order dated 21.4.2009 passed by the learned Single Judge in Writ Petition No. 21088 of 2009, has preferred this appeal under Rule 5 Chapter VIII of the High Court Rules. On the basis of a complaint made by the Member of Legislative Assembly, a preliminary inquiry was held and it was found that the appellant had committed misconduct. Accordingly, he was put under suspension. He challenged the order of suspension inter-alia contending that in an earlier preliminary inquiry, allegation was not found to be true. This submission did not find favour with the learned Single Judge. Mr. Ashish Kumar Mishra appearing on behalf of the appellant submits that the appellant having not found guilty in an earlier preliminary inquiry, he ought not to have been suspended. In support of this submission, he has placed reliance on a judgment of the Supreme Court in the case of K.R. Deb vs. The Collector of Central Excise, Shillong reported in 1971 (2) Supreme Case Cases, 102. We do not find any substance in the submission of Mr. Ashish Kumar Mishra and the decision relied on has no bearing in the facts and circumstances of the case. Undisputedly, the writ petitioner-appellant has not been exonerated in regular departmental inquiry. In the preliminary inquiry, he has been found prima facie guilty of committing misconduct. That led the authority to pass the order of suspension. We are of the opinion that the consideration of the mater by the learned Single Judge does not suffer from any error calling for interference in this appeal. The appeal stands dismissed.;