Sunil Kumar Garg, J. - (1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents on 11.6.2002 with a prayer that by an appropriate, writ, order or direction, the impugned order dated 1.6.2002 (Annex. 1) passed by the Secretary, Rajasthan Khadi and Gramoudhyog Board, Jaipur (respondent No. 1) by which the petitioner was put under suspension be quashed and set aside.
(2.) THE facts of the case as put forward by the petitioner are as under: (i) That the petitioner was initially appointed on 18.12.1978 in the office of respondent No. 1 (Secretary, Rajasthan Khadi and Gramoudhyog Board) and at present, he is holding the post of Organizer under the District Industries Centre, Pali. (ii) That a FIR Bearing No. 43/2001 was registered at the Police Station, Sojat Road, Dist. Pali on 12.4.2001 against the petitioner and some other persons for offence under Sections 147, 148, 149, 307, 323 and 341 IPC. This FIR was lodged by one neighbour of the petitioner. As per the allegations made in the FIR, a quarrel pertaining to construction of Nali took place and the petitioner was arrested on 5.2.2002 at 7 a.m. (as per Annex. R/1) and he was released on bail on 7.2.2002 at 3.30 p.m. (as per certificate dated 5.4.2002 (Annex. R/3) and thus, since the petitioner remained in custody for more than 48 hours, therefore, through impugned order dated 1.6.2002 (Annex. 1) passed by respondent No. 1 (Secretary, Rajasthan Khadi and Gramoudhyog Board), the petitioner was placed under suspension. In this writ petition, the order dated 1.6.2002 (Annex. 1) passed by respodnent No. 1 (Rajasthan Khadi and Gramoudhyog Board) has been challenged on various grounds and the main ground raised by the learned counsel for the petitioner is that the offences alleged in the FIR do not involve moral turpitude nor do they relate to discharge of his official duties. Therefore, suspension of the petitioner is wholly uncalled for and is liable to be set aside. In this respect, reliance has been placed on a decision of this Court in the case of Ashok Gaur v. State of Rajasthan, reported in . Hence, the order dated 1.6.2002 (Annex. 1) passed by the respondent No. 1 (Rajasthan Khadi and Gramoudhyog Board) be set aside and this writ petition be allowed.
(3.) REPLY to the writ petition was filed by the respondents and their case is that since the petitioner had remaiend in custody for more than 48 hrs, therefore, the impugned order dated 1.6.2002 (Annex. 1) was rightly passed under the provisions of Rule 13(2) of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as the Rules of 1958). Hence, the writ petition be dismissed.;