Hon ble RATHORE, J.—The petitioner in this case has challenged the order of suspension dated 23.5.03 passed by the Deputy Secretary, Department of Personnel, Government of Rajasthan. It has been prayed that the impugned order of suspension be quashed and set-aside and the petitioner be reinstated in service with all consequential benefits.

2. Briefly stated, the facts of the case are that in the month of March 2003 there were certain complaints against the non-qualified medical practitioners in District of Kota, alleging that some of them are not having the requisite degrees and there are others who are having fictitious certificates. Some others are having licenses which had not been renewed. In this regard, Deputy Superintendent of Police (Rural) had also made complaint to the petitioner, vide letter dated 11/03/2003. The petitioner was reported that the Registered Medical Practitioners had not been getting their license renewed since long and there had been complaint against them as well as certain nursing homes for committing irregularities in their work. The public had also raised grievance in respect of the subject of the aforesaid complaints. The petitioner had also issued a press note on 08/03/2003 wherein it was mentioned that the inspection of nursing homes shall be continued as per the directions of the State Government and the Registered Medical Practitioners have already been inspected and legal action would be taken if required. The said press note was published in the daily newspaper.

3. In view of the above, the petitioner issued instructions and took action against those who were defaulters and had not complied with the directions/instructions of the State Government. The Deputy Superintendent of Police, Kota (Rural) had initiated two enquiries against Shakir Mohammed son of Ali Mohammed resident of Karwad. The petitioner had also made an enquiry regarding qualifications and thereafter a notice was given to Shakir Mohammed and two other similar persons. Deputy Superintendent of Police sent a list of registered Medical Practitioners, to the petitioner asking as to whether such practitioners could work on the basis of the certificate held by them. In this light, the petitioner also made enquiries against such like persons.

4. Therefore, nursing home and registered medical practitioners joined hands and hatched conspiracy against the petitioner who was being considered as a hurdle. In furtherance thereof, a conspiracy was hatched wherein Shri Abdul Khalil Ansari was made a tool and a false, fictitious and concocted report was sent to Anti Corruption Bureau, Out Post, Kota on 13/04/2003.

5. It is the case of the petitioner that he has neither demanded any amount from any person nor accepted the same from anyone. The report lodged against him was malafide and mischievous to implicate him in a false and fictitious case. According to the petitioner, all through out his tenure of service, he had worked sincerely, honestly, strictly and in accordance with the directions of the State of Government and never before during his service period any complaint was lodged against him.

6. The instant report was lodged by one Abdul Khalil Ansari against the petitioner and Abdul Hakim for the offence under Section 7, 13(l)(d) of the Prevention of Corruption Act and the Anti Corruption Bureau, Kota. It was alleged in the report that the petitioner had demanded bribe. Then the petitioner was suspended on 23/05/2003 (Annexure/1) on the ground that the petitioner is an accused in the first information report (99/03) registered by Anti Corruption Bureau, Outpost Kota, and the trial of the case is still pending. The said order was passed in exercise of the powers of Rule 13 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958.

7. The trial in the case is continuing and so also the order of suspension of the petitioner. The petitioner then made a representation, by way of a notice for demand of justice, to the respo

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