JUDGMENT :

Inderjeet Singh, J.

1. This writ petition has been filed by the petitioner with the following prayer:-

"It is therefore most humbly prayed that Your Lordships may kindly be pleased to accept and allow this writ Petition and further:-

i. call for the entire record of the case and examine the same;

ii. the impugned order dated 01.05.2019 (Anx-5 and 6 and 6A) may kindly be quashed and set aside and the respondents may kindly be directed to allow the petitioner to complete his post-graduation course in SMS Medical College, Jaipur.

iii. Any other order which this Hon'ble Court may deems fir and proper in the facts and circumstances of the case may also be passed in favour of petitioners. Cost of the writ petition may kindly be awarded."

2. This court while issuing notice to the respondents on 17.05.2019 passed the following order:-

"Matter comes up for considering the interim prayer made by the petitioner. This Court vide order dt. 14th May, 2019, directed counsel for the petitioner to serve copy of the writ petition to Mr. Vibhuti Bhushan Sharma AAG, as he had appeared as caveator on behalf of the respondents.

Learned counsel for the respondents had sought time on 14th May, 2019, to argue the matter and further to seek instructions from the respondents.

Mr. Akhil Simlote-learned counsel for the petitioner submitted that the suspension order dt. 1st May, 2019, was based on account of registration of a Criminal Case-55/2019 registered under Section 498A, 406, 354 IPC. Counsel submitted that not only suspension order was passed but the respondents further passed an order No. 2139 dt. 1st May, 2019, wherein on account of deemed suspension of the petitioner, the study leave granted to the petitioner to pursue the Post Graduation Course, was canceled.

Counsel for the petitioner submitted that at the time of filing of the writ petition, the petitioner was feeling aggrieved against orders of suspension as well as order of canceling the study leave granted to the petitioner from 1st June, 2017 to 31st May, 2020. Counsel submitted that after filing of the writ petition the matrimonial discord between the parties is sought to be resolved and both the parties have entered into a compromise, where the petitioner-husband and his estranged wife has decided to file an application under Section 13-B of the Hindu Marriage Act, 1955, for seeking divorce by mutual consent. Learned counsel has produced the agreement, which is entered into between the parties.

This Court finds that the parties have not only agreed to move an application for seeking a mutual divorce but also further decided to withdraw the criminal case as per provisions of law.

Learned counsel for the petitioner submitted that order of canceling the study leave of the petitioner is an arbitrary order. Counsel submitted that petitioner was already granted the study leave and only on account of suspension of the petitioner due to matrimonial dispute, the impugned suspension order and the order of canceling the study leave was not justified and the same power was exercised in arbitrary manner.

Learned counsel for the respondents-Mr. Vibhuti Bhushan Sharma, AAG submits that the respondents have taken decision to suspend the petitioner on account of registration of a criminal case against him and further he was in police custody for more than 48 hours and as such the respondents by invoking power under Rule 13 of the CCA Rules, have passed the suspension order. Counsel submitted that the issue of study leave is also properly examined by the authorities and Rule 55 of Rajasthan Service Rules provides that leave may not be provided to a Government Servant, who is under suspension.

Counsel submitted that order of canceling the study leave was a consequence of suspension of the petitioner and no fault can be found with both the orders.

Learned counsel for the State does not dispute the fact of compromise, which is entered between the petitioner and his wife, wherein they have decided to resolve thei