LAWS(CHH)-2007-5-30

B.R.MANDAVI Vs. STATE OF C.G.

Decided On May 11, 2007
B.R.Mandavi Appellant
V/S
STATE OF C.G. Respondents

JUDGEMENT

(1.) THE petitioner was working as Project Officer, Integrated Child Development Project, Dhamdha, District Durg. During his posting at Dhamdha, some complaints with regard to delay payment to the staff and embezzlement of government money were made. The respondent No. 3 i.e. Collector, Durg in contemplation of the departmental enquiry, placed the petitioner under suspension vide order dated 18th October, 2006 (Annexure P/2).

(2.) IT appears that the departmental enquiry as contemplated under the provisions of Section 9(1)(a) of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 (hereinafter referred to as "the Rules, 1966") could not be initiated within 45 days. The said suspension order was revoked vide order dated 15.12.2006 (Annexure P/3). The petitioner was again placed under suspension vide order dated 17th April, 2007 (Annexure P/1) on the same allegations as well as other additional allegations.

(3.) THERE is no grievance of the petitioner that the officer, passing the impugned suspension order, is not a competent authority. Admittedly, the departmental proceedings against the petitioner is contemplated, as required under section 9(1)(a) of the Rules, 1966.