JUDGMENT 1. - In this writ petition the petitioner has prayed for the following directions : "A. By an appropriate writ order or direction the respondents may kindly be directed to release the selection grade on completion of 18 years from 20.12.2009 with interest of 18% p.a. B. By an appropriate writ order or direction the departmental enquiry and re-enquiry conducted against the petitioner may kindly be quashed and set aside. C. By an appropriate writ order or direction the respondent may kindly be restrain from withholding the service benefits of the petitioner in the pursuance of the pendency of the re-inquiry and if any benefits has been withhold same may be treated as part and parcel of the writ petition and requested to quashed ad set aside. C. By an appropriate writ order or direction the enquiry report dated 20/09/2010 (Annex 5) and order dated 22/02/2011 (Annex 6) may kindly uphold and petitioner may kindly be exonerate from the charges made in departmental enquiry. C. Any other appropriate writ order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. " 2. After perusing the entire record of the case it is abundantly clear that inquiry against the petitioner is still pending under Rule 16 of the Rajasthan Civil Services (Classification Control & Appeal) Rules 1958 for alleged misconduct therefore the petitioner cannot claim selection scale which is provided after completion of 18 years of service before the conclusion of the inquiry. 3. Learned counsel for the petitioner raised so many grounds to challenge the inquiry; but in my opinion the employer has every right to take disciplinary action if any misconduct is committed by the employee. Here in this case the petitioner is not only facing inquiry under Rule 16 of the CCA Rules but criminal trial also. Therefore I am not inclined to interfere in this writ petition on merit in exercise of extraordinary jurisdiction under Article 226 of the Constitution of India because the disciplinary proceedings are pending against the petitioner. 4. Here in this case the petitioner is not only facing inquiry under Rule 16 of the CCA Rules but criminal trial also. Therefore I am not inclined to interfere in this writ petition on merit in exercise of extraordinary jurisdiction under Article 226 of the Constitution of India because the disciplinary proceedings are pending against the petitioner. 4. However this writ petition is disposed of with direction to the respondents to conclude the inquiry against the petitioner within a period of six months and if in the inquiry the petitioner is exonerated then consider her case for granting second selection scale after completion of 18 years of service.Ordered accordingly. *******