FANINDRA KUMAR JAISWAL Vs. STATE OF CG

JUDGEMENT

(1.) By this petition, the petitioner seeks a writ in the nature oi certiorari to quash the order dated 11-12-2009 (Annexure P-l) passed by the respondent No. 2, Le., Chief Executive Officer, Jila Panchayat, Dhamtari, whereby the petitioner has been placed under suspension.

(2.) The facts, in nutshell, as projected by the petitioner are that the petitioner was appointed as Shiksha Karmi Grade I, vide order dated 27-7-1998 at Government Higher Secondary School, Magarload. Thereafter, by the impugned order dated 11-12-2009 (Annexure P-l) the petitioner was placed under suspension.

(3.) The petitioner impugns the order dated 11-12-2009 (Annexure P-l) on the sole ground that the wrong provisions have been invoked for suspending the petitioner. Shri Pandey, learned Counsel appearing for the petitioner submits that the provisions of Rule 3 of the Chhattisgarh Civil Services (Conduct) Rules, 1965 are not applicable to service conditions of Shiksha Karmis as there is a separate rule namely Chhattisgarh Panchayat Shiksha Karmi (Recruitment & Conditions of Services) Rules, 2007 (for short 'the Rules, 2007') framed in exercise of powers conferred under clause (h) of sub-section (1) of Section 53 and sub-section (1) of Section 70 read with sub-section (1) of Section 95 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994), governing the service conditions of the Shiksha Karmis. Thus, the impugned order is bad in law, unjust and deserves to be quashed.