NARAYAN SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This order shall also dispose of W.P. Nos. 725/2002, 785/2002 and 875/2002. The petitioners have filed this petition and other petitions jointly and not individually under Articles 226/227 of the Constitution of India praying that the respondents be directed not to take any action against the petitioners on the basis of the declaration made in the State Assembly on 22-3-2002 and further that the respondents be directed not to take any action against the petitioners till a detailed enquiry is conducted by the responsible authorities giving full opportunity to the petitioners. The petitioners further pray that the respondents be restrained from taking any criminal or departmental action against the petitioners and further that the respondents be directed not to harass the petitioners and also that the respondents be directed not to take any action against the petitioners in view of the letter dated 8-4-2002 issued by respondent No. 5. The contention of the petitioners is that the decision has been taken to suspend them and register a criminal case against them. It is submitted that they are employees and governed by Service Rules & Regulations. State has filed the return in W.P. No. 764/2002 and the contents of the return have been adopted in other petitions.

(2.) It is contended by the respondents that certain complaints were made against the petitioners, who are working in different primary co-operative societies, that they are working under the duress of the officers of the District Co-operative Central Bank, Raipur in the matter of purchase of Gunny Bags and thereby benefited themselves. On the basis of these complaints, an enquiry was conducted for Raipur, Mahasamund and Dhamtari Districts. The enquiry team was comprising with Dy. Registrar, Co-operative Societies, which is a Class-I post, and a senior post in the hierarchy of the Co-operative department. The five enquiry teams were constituted by the Additional Registrar of Co-operative Societies. The committees have submitted their report vide Annexure A-6 and the State Government after taking into all reasonable aspects of the enquiry report decided to conduct enquiry. Then certain questions were asked in Vidhan Sabha and the matter was discussed. The discussion whatever was taken place cannot be a matter of enquiry in the writ petition.

(3.) Having heard the learned Counsel for the parties and considering the material available on record, so far as the employees of the State Government are concerned, in the opinion of this Court, they are governed by M.P. Civil Services (Classification, Control and Appeal) Rules, 1966. These rules provide safeguard to the employees. Rule 9 of the aforesaid rules relates to suspension of the employees, which is quoted below :--