A K JADHAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) While the appellant was working as a Tehsildar, a trap was laid down on March 20, 1996 pursuant to the information of his demanding and accepting an illegal gratification of Rs. 20,000/- which is not in consonance with the dignity of the post he held nor is it a legal remuneration. On March 21, 1996, the Commissioner suspended the appellant pending investigation. The appellant questioned the competency of the Commissioner which was negatived by the Administrative Tribunal, Jabalpur Bench by order dated October 14, 1996 made in O. A. No. 2193/96. Thus, this appeal by special leave.

(3.) Shri. Shiv Sagar Tiwari, learned counsel for the appellant, contends that by virtue of definition of "appointing authority" under Rule 2(a) of the Madhya Pradesh Civil Services (CCA) Rules, 1966 (for short, the Rules), the appointing authority of the Tehsildars and Naib Tehsildars being the State Government, the Commissioner was devoid of jurisdiction or power to suspend the appellant, pending investigation. In support hereof, he seeks to place reliance on the judgment of this Court in U.P. Rajya Krishi Utpadan Mandi Parishad v. Sanjiv Rajan, (1993) 3 Suppl. SCC 483. The question for consideration is:whether the contention is legally tenable It is true that under Rule 2 (h) "Service" means the Madhya Pradesh Junior Administrative Service comprising of Tehsildars and Naib Tehsildars. The appointing authority in relation to Government servant under Rule 2(a) means "(i) the authority empowered to make appointments to the service of which the Government servant is for the time being a member or to the grade of the service in which the Government servant is for the time being included; or (ii) the authority empowered to make appointments to the post which the Government servant for the time being holds; or (iii) the authority which appointed the Government servant to such service, grade or post, as the case may be; or (iv) where the Government servant having been a permanent member of any other service or having substantively held any other service or having substantively held any other permanent post, has been in continuous employment of the Government, the authority which appointed him to that service or to any grade in the service or to that post, whichever authority is the highest authority." But in respect of the disciplinary proceedings and "suspensions", Part IV contemplates various authorities. Rule 2 (d) defines "disciplinary authority" to mean the authority competent under the said Rules to impose on a Government servant any of the penalties specified in Rule 10. Sub-rule (1) of Rule 9 provides that the appointing authority or any authority to which it is subordinate or the disciplinary or any authority empowered in that behalf by the Governor by general or by special order, may place a Government servant under suspension:-