JUDGMENT 1. In this writ petition, the petitioner has prayed for quashing order of suspension dated 17.03.2011, Annex.-P/3 passed by the Deputy Secretary, Department of Medical Education, Government of Rajasthan, Jaipur. 2. Main contention of learned counsel for the petitioner is that the petitioner was working as Professor in the Department of Obstretrics & Gynecology, S.N. Medical College, Jodhpur and being the senior-most Professor she is holding the post of Head of Department in Department of Obstetrics & Gynecology, Ummed Hospital, Jodhpur. In the Gynecology Department there are five units headed by three Professors and two Associate Professors and, in each unit, there are number of teaching staff i.e., Associate Professors, Assistant Professors and other medical officers. 3. All the units in the Department of Obstetrics and Gynecology are independent and autonomous and the petitioner has no interference with respect to working of these units. The unit incharge and respective teams treat, operate and take care of their respective patients independently, therefore, there is neither any interference nor any clinical supervision of the Head of Department in their working. However, the petitioner has been placed under suspension for supervisory negligence being Head of Department of the Department of Obstetrics & Gynecology in the Ummed Hospital. 4. In the Ummed Hospital, Jodhpur certain casualties occurred with regard to death of pregnant women while admitted in the hospital, for which, a preliminary inquiry was conducted by the Divisional Commissioner, Jodhpur. In the said preliminary inquiry, Divisional Commissioner, Jodhpur prima facie found that medicine "ringer lactate" was being supplied by M/s Anshul Pharma Company produced by Parental Surgical Limited and contract was given to the said company and direct responsibility was fixed against Store Keeper and one Dr. Ajay Malviya. The Divisional Commissioner gave report that the petitioner is not directly responsible for any negligence but found that being Professor and Head of Department of Obstetrics & Gynecology the petitioner is guilty of supervisory negligence and, only on that basis, although petitioner was not found directly responsible for any misconduct but she has been placed under suspension for the reason that as per report of the Divisional Commissioner dated 17.03.2011 she was held responsible for supervisory negligence. 5. 5. Learned counsel for the petitioner while inviting attention towards report of the Divisional Commissioner submits that when no direct charge has been established in the inquiry and FIR has been filed against the company and its office bearers, so also, Store Keeper and Dr. Ajay Malviya were held directly responsible, then, there was no occasion to place the petitioner under suspension. 6. It is further submitted by learned counsel for the petitioner that although against the suspension order remedy by appeal is provided under Rule 22 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958, but, in this case, the petitioner has been placed under suspension without there being any direct lapse on the part of the petitioner and solely on the ground of supervisory negligence, although it is observed in the suspension order that inquiry has been contemplated against the petitioner but no charge-sheet has been served upon the petitioner, therefore, it appears that suspension order has been passed without cogent reasons and solely on the ground of report submitted by the Divisional Commissioner, Jodhpur for supervisory negligence. 7. Learned counsel for the petitioner further argued that for supervisory negligence the petitioner can be charge-sheeted under Rule 17 of the Rajasthan Civil Services (CCA) Rules, 1958 but, on the contrary, the petitioner has been placed under suspension knowingly well that it is case of alleged supervisory negligence. Therefore, impugned suspension order deserves to be quashed. 8. Per contra, learned counsel appearing for the respondents submits that although the petitioner was not found directly responsible for any misconduct but being the Head of Department of Obstetrics & Gynecology when report of the preliminary inquiry conducted by the Divisional Commissioner, Jodhpur was received, then, it was felt necessary by the State Government to place the petitioner under suspension. It is also pointed out that suspension is not punishment and there is jurisdiction left with the State Government to place any employee under suspension in the event of contemplation of inquiry against him/her, therefore, order dated 17.03.2011 does not require any interference. Further, it is submitted that there is alternative remedy available with the petitioner by way of filing appeal against the suspension order. 9. Further, it is submitted that there is alternative remedy available with the petitioner by way of filing appeal against the suspension order. 9. After hearing learned counsel for the parties, I have perused the report of the Divisional Commissioner, Jodhpur dated 17.03.2011 which runs as under : " dzekad % U;kf;d@tks/k@izlq@tkap@11@318 fnukad % 17-3-11 izsf"kr % Jh eqds'k 'kekZ] IAS izeq[k 'kklu lfpo] fpfdRlk f'k{kk foHkkx] lfpoky;] t;iqjA fo"k; % izlwrkvksa dh ekSrksa ds lEcU/k esa izkFkfed tkap dk vUrfje izfrosnuA egksn;] vHkh rd gqbZ tkap ds nkSjku ik;s x;s rF;ksa ds vk/kkj ij fuEu fu"d"kZ fudkys gSa%& lfpo] jktLFkku esfMdy fjyhQ lkslkbVh egkRek xka/kh fpfdRlky; ( v/kh{kd egkRek xka/kh vLirky ) tks/kiqj ds }kjk nokvksa dh vkiwfrZ ds fy;s Vs.Mj izfdz;k iwjh dj fnukad 27-11-09 dks vU'kqy QkekZ ds uke jsV dkUV~sDV vkns'k tkjh fd;s x;sA bl vkns'k ds vuqlkj ( izfr layXu ) vU'kqy QkekZ dEiuh dks tks vkiwfrZ dh tkuh Fkh] og ek= fu/kkZfjr 19 dEifu;ksa esa ls dh tkuh FkhA i=koyh ds voyksdu ls ,slk fofnr gksrk gS fd bl QkekZ dEiuh us ,d i= lfpo] jktLFkku esfMdy fjyhQ lkslkbVh egkRek xka/kh fpfdRlky; ( v/kh{kd egkRek xka/kh vLirky ) tks/kiqj ds uke fnukad 9-11-09 dks fy[kk gSA ftlesa muds }kjk fy[kk x;k gS fd "As per discussion we agree to supply the Generic Product of the companies list given to you earlier. In the case of non - availability of the generic drug of above companies, we will supply the product of the other make, with prior information to your office. All these drugs will be supplied along with the analysis reports. In the case of non - availability of the generic drug of above companies, we will supply the product of the other make, with prior information to your office. All these drugs will be supplied along with the analysis reports. i= esa mUgksaus vf/kdkfj;ksa ls gqbZ okrkZ dk gokyk Hkh fn;k gS] ysfdu u rks bl i= ij ekdZ fd;s tkus ds fdlh vf/kdkjh ds gLrk{kj gSa vkSj u gh l i= dks i=koyh dh uksV 'khV ij Mhy fd;k x;k gS] vFkkZr bl i= ds vk/kkj ij fdlh izdkj dk fu.kZ; ugha fy;k x;kA bl i= dh izkfIr dh fnukad ds yxHkx 18 fnu i'pkr~ i=koyh dh uksV 'khV ds vk/kkj ij tks dk;Z vkns'k tkjh gq;s gSa mlesa bl i= ls lEcfU/kr 'krksZa dk dksbZ mYys[k ugha gSA ,slh fLFkfr esa ;g Li"V izrhr gksrk gS fd bl dEiuh ( vU'kqy QkekZ ) }kjk cnfu;fr ls bl i= dks i=koyh esa yxokus lEcU/kh dk;Zokgh dh gSA blds fy, bl i=koyh dks la/kkfjr djus okys deZpkjh@ys[kkdkj Hkh ftEesnkj gSa ftUgksaus i= fcuk ekdZ fd;s gq, rFkk fcuk uksV 'khV ij Mhy gq, bl i=koyh esa lfEefyr fd;k gSaA tc dk;Z vkns'k fnukad 27-11-09 ds vUrxZr vU'kqy QkekZ dEiuh us isjsUVy lftZdYl fy0 ds }kjk fufeZr fjaxj ysdVsV] egkRek xka/kh vLirky esa lIykbZ dh Fkh] rks dk;Z vkns'k fnukad 27-11-09 dk mYya?ku FkkA ,slh fLFkfr esa egkRek xka/kh vLirky ds LVksj dhij ,oa izHkkjh vf/kdkjh fpfdRld ( Mk0 vt; ekyoh; ) dh ;g ftEesnkjh Fkh fd os bl izdkj ds dk;Z vkns'k ds fo:) izkIr fHkUu dEiuh isjsUVy lftZdYl fy0 ds eky dks LVksj esa Lohdkj ugha djrs vkSj u vkxs jksfx;ksa ds fy;s dke esa ysrsA bl izdkj mEesn vLirky esa Hkh lfpo] jktLFkku esfMdy fjyhQ lkslkbVh egkRek xka/kh fpfdRlky; ( v/kh{kd egkRek xka/kh vLirky ) ] tks/kiqj ds dk;Z vkns'k fnukad 27-11-10 ds vk/kkj ij fjaxj ysdVsV lIykbZ djus ds fy;s vU'kqy QkekZ dEiuh dks fnukad 27-12-10 dks vkns'k fn;k x;k Fkk] ysfdu vU'kqy QkekZ dEiuh us ogka ij Hkh 19 dEiuh;ksa ls fHkUu dEiuh isjsUVy lftZdYl fy0 }kjk fufeZr fjaxj ysdVsV lIykbZ dhA bl izdkj dk;Z vkns'k fo:) lIykbZ dh xbZ nok dks ( LVksj ) esa Lohdkj djuk ,oa jksfx;ksa ds mi;ksx ds fy, mEesn vLirky ds LVksj dhij o izHkkjh fpfdRld LVksj Mk0 eksgu edokuk izFke n'"V;k ftEesnkj izrhr gksrs gSaA bl izdkj ls u dsoy isjsUVy dEiuh ladzfer nok mRiknu djus ds fy;s ftEesnkj gS cfYd vU'kqy QkekZ dEiuh Hkh /kks[kk/kM+h dj dk;Z vkns'k ds fo:) eky foifjr djus ds fy;s ftEesnkj gSA vc rd gqbZ tkap ds nkSjku izkIr rF;ksa ds vk/kkj ij ;g Li"V gS fd mEesn vLirky esa izlwrkvksa ds mipkj ds nkSjku xEHkhj f'kfFkyrk o ykijokgh cjrh xbZ gSA ;|fi tkap izfdz;k vHkh tkjh gS] ysfdu ;g Li"V gS fd mEesn vLirky ds vkpkZ; ,oa foHkkxk/;{k L=h ,oa izlwfr jksx foHkkx dh lqijokbZtjh usXyhtsUlh jgh gSA lwpukFkZ izsf"kr gSA " 10. Upon perusal of the above preliminary enquiry' report and suspension order as well as the fact that FIR has been registered against the company which supplied the medicine, I am of the opinion that prima facie it is found that the petitioner is guilty of supervisory negligence. The Department of Personnel, Government of Rajasthan issued notification dated 10.01.2001, in which, it is observed that for supervisory negligence minor penalty can be inflicted, therefore, for taking action normally an inquiry under Rule 17 of the CCA Rules of 1958 is required to be conducted. Here, in this case, still no charge-sheet has been served upon the petitioner but this fact is established from the reply filed by the respondents and inquiry report given by the Divisional Commissioner that the petitioner was not held directly responsible in the matter. 11. Therefore, in my opinion, it is not proper to place a Professor of Department of Obstetrics & Gynecology under suspension for indefinite period. Services of doctors are required to be utilised In the public Interest and, in this case, obviously in the inquiry conducted by the Divisional Commissioner, Jodhpur, petitioner was not found directly responsible for misconduct with regard to the incidents which took place in the Ummed Hospital. However, the petitioner has been placed under suspension simply for the reason that she is Head of the Department of Obstetrics & Gynecology. 12. In my opinion, although there is power left with the State Government to place an employee under suspension but the facts of the present rase speak that petitioner has not been found directly responsible for the incidents but only for the reason that she is Head of the Department she Is found prima facie guilty for supervisory negligence although this fact is also not established because there are different units in the department and in-charge of the unit is to perform duties independently, for which, it cannot be said that the petitioner is directly responsible for supervisory negligence because unlike the administrative and executive hierarchy in the medical profession the supervisory control of the Head of Department is not in the nature of supervision and control over performance of duties as a doctor. 13. 13. In this view of the matter, respondent No.2 Principal Secretary, Department of Medical Education, Government of Rajasthan, Jaipur who has issued the suspension order dated 17.03.2011 is hereby directed to review impugned order dated 17.03.2011 within a period of one week from the date of receiving certified copy of this order, and, at the time of reviewing the order of suspension the competent authority shall take into consideration important fact of the case that in the preliminary inquiry the petitioner has been held responsible for supervisory negligence only and services of doctors in Obstetrics & Gynecology are necessarily required in public interest and there is no direct allegation against the petitioner for committing any misconduct. It is expected that public interest for treatment of women patients will also be taken into consideration at the time of reviewing order dated 17.03.2011. The decision of reviewing of suspension order will be communicated to this Court.With the aforesaid directions/observations, this writ petition is disposed of.Writ Petition Disposed of as Above. *******