Chandramauli Kumar Prasad, J.

1. This application has been filed for quashing the order as contained in Memo dated 7.10.2004 (Annexure 1) whereby, the petitioner has been put under suspension.

2. Short facts giving rise to the present application are that the petitioner is an accused in R.C. case No. 3 (A) of 1997 (D) popularly known as the Bitumen scam case. The said case was investigated by the Central Bureau of Investigation and ultimately petitioner was charge-sheeted. He was taken into custody in the said case on 6.1.2004 and order directing his release was passed on 9.3.2004. It is the stand of the petitioner that after he was released on bail, he submitted his joining and started discharging his duty but later on, by the impugned order dated 7.10.2004 he has been put under suspension with effect from 5.1.2004. It is the stand of the petitioner that the State Government does not possess power to pass order of suspension with retrospective effect and in any view of the matter after the release of the petitioner on bail, the petitioner can be put under suspension only by a fresh order.

3. Mr. Rupak Kumar appearing on behalf of the petitioner draws my attention to the or