ANIL KUMAR JAIN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The seminal question involved in this writ petition is whether the 3rd respondent Collector, Koria is empowered under Chhattisgarh Civil Services (Classification Control & Appeal) Rules, 1966 (henceforth "Rules, 1966") to place the petitioner under suspension and to institute departmental enquiry against him.

(2.) The required facts, necessary for disposal of the writ petition in nutshell, are as under:-

(3.) Appearing for the petitioner, Shri V.G. Tamaskar, learned counsel would submit that the petitioner was appointed on the pay scale of Rs. 2,000 - 2,900 by the then competent authority with effect from 21.12.1997, which was duly recorded in his service record and, as such, by order dated 29.5.1998, Sub Engineers appointed on the pay scale of Rs.2000- 2900 has been declared as Gazzetted Officer, Class II by the then State of Madhya Pradesh, which has duly been endorsed on his service record vide Annexure P-12 and, therefore, the order of the State Government dated 23rd May, 1995 vide Annexure R-1 delegating the power to the Collectors to place Class III & IV employees under suspension and to impose minor penalty under Rule 10 of the Rules, 1966 is not applicable to him and, as such, the order passed by the Collector placing him under suspension and directing holding of the departmental enquiry against him deserve to be quashed as the same has been passed by the in-competent authority having no jurisdiction to pass such orders.