S S SHARMA Vs. CHHATTISGARH STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Heard.

(2.) The writ petitioner was placed under suspension vide order dated 6-10-2000. Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966 provides that the order of suspension shall stand revoked on expiry of the period of 90 days from the date of the order of suspension in case copy of the charges and other documents referred to in sub-rule (2-a) arc not issued to such Govt. Servant. Rule 9 (2-a) states :

(3.) Mr. V.G. Tamaskar, learned counsel for the petitioner submits that though the petitioner was placed under suspension w.e.f. 6th October, 2000, the order of suspension/charge-sheet was served upon the writ petitioner only on 6-2-2001. It appears from the pleadings and also after hearing the counsel of both the sides that the order of suspension/charge-sheet was already signed on 20-12-2000. However, admittedly and apparently it was served on 6-2-2001 upon the writ petitioner. In the process Mr. Tamaskar submits that the charge-sheet came to be served long after the period of 90 days of the order of suspension and in fact after 112 days. As regards the delay in serving the charge-sheet to the petitioner Mr. Jayaswal submits that in view of the sudden development of the coming into force of the new State of Chhattisgarh a transitional delay occurred in the way of service of the charge-sheet within 90 days. Mr. Tamaskar submits that there is no room for such explanation therefore such matter be dealt with in accordance with the Rules prescribed in this regard and definitely the present case is hit by Rule 9 (5) (a) of the said Rules.