( 1 ) RULE. Learned AGP, Mr. Hasurkar, waives service of notice of rule on behalf of respondent No. 1. Mr. Mehul rathod, learned counsel waives service of notice of rule on behalf of the respondent no. 2. At the joint request of the learned advocates appearing for the parties, this petition was heard for final disposal today itself.

( 2 ) IN the present petition, the petitioner has challenged the action of the respondents of continuing him under suspension and has also prayed for a direction for issuing a posting order to him and for being paid salary and allowances for the period during which he was placed under suspension without authority of law.

( 3 ) SHORT facts leading to the present petition are that the petitioner, who is employed as a Chief Engineer (Vigilance and enforcement) by the respondent No. 2 gujarat Water Supply and Sewage Board (hereinafter to be referred to as "the Board") was placed under suspension by an order dated 27-8-2003. In the suspension order, it is stated that the petitioner while working as the Chief Engineer (Materials) had caused serious loss to the Board by accepting PVC pipes of inferior quality. He was, therefore, alleged to have failed to discharge his duties due diligence. On the basis of these allegations with found a prima facie case against the petitioner, was ordered to be placed under suspension with immediate effect pending departmental inquiry. 3. 1 The petitioner has narrated briefly his defence in the petition and contended that he had not committed any misconduct. With the defence of the petitioner, we are, however, not directly concerned in the present petition. 3. 2 The suspension of the petitioner has been resorted to by the Government in exercise of powers under Rule 5 (1) of the gujarat Civil Services (Discipline and, appeal) Rules, 1971 (hereinafter to be referred to as "the Rules" ). There is no dispute about the fact that the petitioner is governed by the said Rules and his suspension has been resorted to in exercise of powers under Rule 5 (1) of the said Rules. Rule 5 (1) of the-said Rules as it stood at the relevant time reads as under :"5. Suspension :- (1) The appointing authority or any authority to which it is subordinate or the disciplinary authority or any other authority empowered by Government in that behalf may place a Government servant under suspension : (a) Where a disciplinary proceeding against him is contemplated or is pending, or (b) Where a case against him in respect of any criminal offence involving moral turpitude is under investigation, inquiry or trial ; provided that where the order of suspension is made by an authority subordinate to or lower in rank than the appointing authority, such authority shall forthwith report to the appointing authority the circumstances in which the order was made,"3. 3 Sub-rule 5 (1) of the said rules was amended by the State Government by issuing a notification dated 20th September, 2004, by framing amendment rules called gujarat Civil Service (Discipline and Appeal) (1st Amendment) Rules, 2004 (hereinafter to be referred to as "the amending Rules of 2004" ). By the said amending rules, certain amendments were made in Clause (a) of Sub- rule (1) of Rule 5 of the said Rules. The entire amending Rules of 2004 need to be noted at this stage. These rules read as follows :"1. (1) These rules may be called the gujarat Civil Services (Discipline and Appeal) (First Amendment) Rules, 2004. (2) They shall come into force on the expiry of ninety days from the date of their publication in the official Gazette. 2. In the Gujarat Civil Services (Discipline and Appeal) Rules, 1971, in rule 5, in Sub-Rule (1) for clause (a), the following shall be substituted, namely:- " (a) Where a disciplinary proceeding against him is contemplated or pending : provided that, where a Government servant against whom disciplinary proceeding is contemplated is suspended, such suspension shall not be valid unless before the expiry of