ARCHANA GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition is directed against the order dtd. 27/8/2021 (Annexure P-1) by which the petitioner has been placed under suspension by respondent No.4 under Rule 53(1) of the Chhattisgarh Municipal Employees (Recruitment and Conditions of Service) Rules, 1968 (for short, 'the Rules of 1968').

(2.) The petitioner was appointed on the post of Sub-Engineer by Nagar Panchayat, Jarhi by order dtd. 3/8/2010 and thereafter, the State Government by order dtd. 12/3/2018, transferred her services to Municipal Council, Surajpur, where she is presently working and by the impugned order, she has been placed under suspension alleging certain misconducts which has been sought to be challenged by filing this writ petition.

(3.) It is the case of the petitioner that she is working as Sub-Engineer in Municipal Council, Surajpur and she is an officer specified in Sec. 94(4) of the Chhattisgarh Municipalities Act, 1961 (for short, 'the Act of 1961') and her appointment has been confirmed by the State Government and therefore her suspension cannot be made without previous approval of the State Government under Sec. 94(5) of the Act of 1961. As such, the impugned order of suspension is liable to be set aside.