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DEVA RAM MEENA v STATE & ORS - CW Case No. 2030 of 2002  RD-RJ 812 (9 February 2007)
S.B. CIVIL WRIT PETITION NO.2030/2002.
(Deva Ram Vs. State of Rajasthan and Ors.)
DATE OF ORDER : 09.02.2007.
HON'BLE MR. GOVIND MATHUR, J.
Mr. Parmendra Bohra, for the petitioner
Mr. B.L. Tiwari, Dy. Govt. Advocate, for the respondent/s.
By this petition for writ, a challenge is given to the order dated 5.10.2001 passed by the Block Elementary
Education Officer, Panchayat Samiti, Sheoganj, District Pali placing the petitioner under suspension while exercising power under Rule 13 of the Rajasthan Civil Services (Classification,
Control and Appeal) Rules, 1958 (for short 'the Rules of 1958' hereinafter).
The contention of the counsel for the petitioner is that under Rule 13 of the Rules of 1958, an order of suspension could have been passed either by the appointing authority or by the authority to whom the appointing authority is subordinate or by an authority empowered in this regard by the State
Government, but the Block Elementary Education Officer is neither the appointing authority of the petitioner nor is the authority empowered to place a teacher Gr.III under suspension, as such, the order dated 5.10.2001 is without jurisdiction.
Counsel for the respondents has shown me a photocopy of the order dated 16.9.2006 whereby the District
Education Officer, Primary Education, Sirohi has revoked suspension of the petitioner made under the order impugned dated 5.10.2001 and ordered for his posting at Government
Primary School, Kesharpura, Distt. Sirohi. In view of the order dated 16.9.2006, the cause sought to be adjudicated by the petitioner does not survive. Accordingly, without entering into the merits of the case, this petition for writ is dismissed as becoming infructuous.
(GOVIND MATHUR)J. rm/
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