RAMESHWARLAL GARWA Vs. EXCISE COMM.

JUDGEMENT

(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.

(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.