Rajesh Balia, J. - (1.) Heard learned counsel for the parties.
(2.) The appellant-petitioner was serving as Medical Officer at Community Health Centre, Vallabh Nagar (Udaipur). A complaint against him was lodged on 6.11.1999 that one patient Smt. Sunder Devi, resident of village Thmabla was admitted in Community Centre, Vallabh Nagar for Tubactomy and other treatments and while performing operation due to negligent act of the petitioner the uterus punctured, resulting in haemorrhage, which ultimately resulted in death of the patient after she was shifted to Udaipur. The complaint WF, lodged at Police Station, Vallabh Nagar and a case was registered under Section 304-A, IPC against the petitioner-appellant. After the said incident, petitioner was transferred from Vallabh Nagar to Community Health Centre, Kapasan (Chittorgarh). On completion of investigation sanction was accorded for prosecuting the petitioner. As a prima facie case of negligence in discharge of his duty as Surgeon was revealed as per the investigation report, the petitioner was put under suspension vide order dated 24.4.2001 which according to petitioner was received by him on 16.5.2001. The petitioner challenged, by filing the Writ Petition No. 4000 of 2001, the said order of suspension.
(3.) Writ Petition has been dismissed by the learned Single judge on the ground that the impugned order of suspension is not liable to be judicially reviewed as the respondent has lawful authority to suspend the petitioner under Rule 13, as undisputedly a case against him in respect of criminal offence under Section 304-A IPC has reached the stage of completion of investigation and prosecution has been sanctioned by the State as required under the Code of Civil Procedure.;