BASANT KUMAR YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has filed present petition assailing the suspension order dtd. 11/5/2022 passed by the Collector Balrampur, District: Balrampur-Ramanujganj (C.G.) by which the petitioner who is working on the post of Head Master, Government High School, Jagima, Block: Shankargarh has been suspended by respondent No. 4.

(2.) Counsel for the petitioner would submit that the Pradhan Pardhyapak, i.e. Head Master of the Middle School has been classified as Gazetted Officer Class-II by the State Government vide order dtd. 11/6/2008 which has been subsequently withdrawn and the words that they will not discharge the work of dying and disbursement of authorities has been deleted on 10/3/2017 that means they will remain as Gazetted Class-II Officer and have all the power of dying and disbursing authorities.

(3.) The learned counsel for the petitioner would further submit that the Collector is not authorized to suspend the Class-II Officer in view of the provisions contained in Rule 9 (1) (a) of Chhattisgarh Civil Service (Classification, Control and Appeal) Rules 1966, as such the order passed by the authorities without jurisdiction. He would refer the judgment of the coordinate bench in the case of Kumar Paul versus State of Chhattisgarh and Others decided on 6/5/2022 in WP (S) No. 3263 of 2022, wherein the coordinate bench of this Court in Paragraph 3 and 4 has held as under: