MUNIR UZAMA DESHMUKH Vs. STATE OF MP

JUDGEMENT

(1.) SHRI A. Lalwani, counsel for the petitioner, heard on admission and interim relief. By this petition, the petitioner has challenged the order dated 5.10.1999 (Annexure -P/3) by which he has been placed under suspension on the ground that he was in custody for a period exceeding 48 hours in connection with an offence under Section 153 -B of the Indian Penal Code. Learned counsel submits that the said order Annexure -P/3 has suffered a deemed revocation under the provisions of sub -rule (5) of Rule 9 of the "M.P. Civil Services (Classification, Control and Appeal) Rules, 1966 on failure of the Respondents to issue charge -sheet within the time presc ibed therein.

(2.) THERE can be no doubt that the suspension of the petitioner is referable to sub -rule (2) of Rule 9 which provides that a Government Servant shall be deemed to have been placed under suspension by an order of the appointing authority with effect from the date of his detention, if he is detained in custody, whether on a criminal charge or otherwise, for a period exceeding 48 hours. The requirement of issuing the charge -sheet contained in sub -rule (2)(a) of Rule 9 of the said rules is attracted only where the suspension is ordered in contemplation of disciplinary proceedings as provided in Rule 9 (1 )(a) to the said Rules. Since the petitioner has not been placed under suspension in contemplation of any departmental enquiry, the failure to issue charge -sheet does not have the effect of deemed revocation of the order of suspension.