( 1 ) HEARD learned Counsel for the parties.

( 2 ) THE petitioner herein, Executive Engineer (Mechanical), Gujarat Water resources Development Corporation Ltd. (hereinafter referred as the Corporation), challenging by this writ petition under Art. 226 of the Constitution of India the order No. 5 of 1995 dated 16-12-1995 of the Managing Director of the Corporation placing him under suspension as per Rule 5 of the Gujarat Water Resources development Corporation Ltd. Employees (Control and Appeal) Rules, 1964 (hereinafter referred as the Rules, 1964) with immediate effect. It is not in dispute that the petitioner has been placed under suspension as a disciplinary proceeding against him is contemplated. In this order it is mentioned "hence, it is decided to initiate departmental inquiry" and from these words it is clearly borne out that the suspension of the petitioner is ordered in exercise of the power as conferred under rule 5 of the Rules, 1984 by the Managing Director of the Corporation. The facts, which are necessary for the decision of this writ petition, need to be briefly stated.

( 3 ) ON repatriation of Shri V. V. Pandya, S. E. (Mech.), the petitioner on 13-7-1995 was given the additional charge of this post. Having apprehension of withdrawal of additional charge of the said post, the petitioner on 14-7-1995 filed special Civil Application No. 5772 of 1995 before this Court under Art. 226 of the Constitution of India. On same day this Court protected the petitioner by granting interim relief to maintain status quo with regard to handing over of the charge of the post of S. E. (Mech. ). On 15-7-1995 the petitioner was served with order of the Corporation dated 14-7-1995 transferring him from Ahmedabad to deesa. Immediately on receipt of the order dated 14-7-1995 the petitioner filed C. A. No. 1453 of 1995 challenging the said order of the transfer. On 17-7-1995 this court suspended the implementation and further operation of the order of the transfer of the petitioner. The petitioner filed L. P. A. No. 944 of 1995 as interim relief order on 28-9-1995 could not be extended. In L. P. A. the Corporation filed c. A. No. 2970 of 1995 for vacation of the interim relief. This C. A. No. 2970 of 1995 was disposed of by the Division Bench on 6-12-1995. The order of division Bench reads,-"it is clarified that the interim order of status quo does not go beyond the original order of status quo granted by the learned single Judge and does not prevent the applicant-Corporation from taking any departmental action. We are not directing that any such action be taken. We only clarify the interim order. "on same day the petitioner has also withdrawn L. P. A.

( 4 ) ON 11-12-1995 the Special Civil Application No. 5772 of 1995 has come up for hearing before this Court. Both the respondents therein, i. e. , the State of gujarat and the Corporation gave out that the post of S. E. (Mech.), which fell vacant on repatriation of Shri V. V. Pandya to be filled in by promotion and the corporation will fill the post by promotion within reasonable time. On these statements made by the respondents the petitioner has withdrawn the Special Civil application No. 5772 of 1995. The petitioner joined at Deesa on 15-12-1995. The corporation placed the petitioner under suspension vide order dated 16-12-1995. This order of the suspension dated 16-12-1995 is challenged on the grounds,- (i) That in the previous proceedings, Special Civil Application No. 5772 of 1995, decided on 11-12-1995 it was not stated by either of the respondents that d. E. or suspension of the petitioner is contemplated. The State Government and the Corporation have made a show before this Court in the previous proceeding as if the case of the petitioner will be considered for promotion to the post of S. E. (Mech.), whereas the ulterior motives on the part of the respondents were to the effect the moment the Spl. Civil Application No. 5772 of 1995 is disposed of, the petitione