PHILOMINA EKKA Vs. STATE OF C G

JUDGEMENT

(1.) THE present petition impugns the suspension order dated 21.5.2004 (Annexure P/1).

(2.) THE undisputed facts of the case are that at the relevant time, the petitioner was employed as Child Development and Project Officer at Navagarh District - Janjgir Champa. The impugned order dated 21.5.2004, placing the petitioner under suspension was passed under Rule 9 (l)(a) of the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966 on the ground that the petitioner as Project Officer in the Integrated Child Welfare Project, Navagarh has committed irregularity in "Ready-to-Eat", nutritious food scheme. Being aggrieved, the petitioner has filed this petition under Article 226 of the Constitution of India seeking a writ in the nature of certiorari for quashing the impugned suspension order dated 21.5.2004 and further a writ of mandamus commanding the respondents to reinstate the petitioner in service with all consequential benefits etc.

(3.) SMT . Anju Ahnuja, learned counsel appearing for the respondents No. 1 and 2 submits that the impugned suspension order was not passed at the behest of any officer. The order was passed keeping in view the irregularity committed by the petitioner in "Ready-to-Eat" nutritious food scheme. It is further submitted that since the charge sheet has been issued and the enquiry is pending consideration, at this stage this Court should not interfere with the impugned order.