Prakash Tatia, J. - (1.) HEARD learned Counsel for the parties.
(2.) THE petitioner who is facing trial in criminal case under the provisions of Prevention of Corruption Act, has been suspended by the department by order dt. 08.08.2008, hence, this writ petition has been preferred. According to petitioner the FIR dt. 13.12.2007 is absolutely false and a concocted story only. It is also submitted that in fact the petitioner has been exonerated in department enquiry. The copy of preliminary enquiry and copy of the enquiry report has been placed on the record as Annexure. 5 by the petitioner. It is submitted that in fact the story has been concocted which is clear from the facts mentioned in the FIR (Annexure. 3). It is also submitted that respondents -department has power to suspend the employee like the petitioner but in this case the power has been exercised without application of mind and contrary to the facts available on record and ignoring the fact that in the FIR itself, it has been mentioned that the petitioner cannot be prosecuted for charge under the said provision of Prevention of Corruption Act or for any criminal offence. Not only this but the alleged amount of bribe has already been returned to the complainant by the police who conducted the investigation and that fact has been mentioned in the FIR itself. It is submitted that the sanctioned has been granted by the Commissioner Excise, Rajasthan for lodging the criminal case against the petitioner and by the same order dt. 08.08.2008.
(3.) LEARNED Counsel for the department vehemently submitted that even when there is no criminal case, the department can hold enquiry and the petitioner is facing the enquiry departmentally. The department/employer has right to take decision whether to suspend the delinquent officer or not. This Court may not up set the decision taken by the department. It is also submitted that order of suspension is appealable order and the petitioner have preferred the appeal to challenge the order.;