( 1 ) THE petitioner has made the challenge to the order of the respondent dated 23rd May, 1995 under which he was ordered to be placed under suspension. The petitioner is a constable in the State Reserve Police. The suspension has been made in contemplation of the departmental inquiry. The counsel for the petitioner on the other hand contended that it was by way of penalty. In the order of the suspension, it is true it is not been mentioned that it has been made in contemplation of the departmental inquiry, but the respondents have come up with a case that it is in contemplation of the departmental inquiry. The counsel for the petitioner does not dispute that the respondent has a power to place the petitioner under suspension in contemplation of departmental inquiry under the provisions of the Bombay Police (Punishment and Appeal) Rules, 1976. Looking to the charges which have been given out in the order of suspension and in the absence of any allegations of malafides, the action of the authority which made the order seems to be legal. I do not find that the respondent has committed any illegality which calls for interference of this court in passing of the order