BRIJENDRA PRASAD VERMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition is under Article 226 of the Constitution of India, seeking quashment of the order dated 24.09.2019 (Annexure-P-3) whereby the petitioner has been placed under suspension by respondent No.3 i.e. the Divisional Commissioner, Shahdol Division, Shahdol.

(2.) The order impugned has been assailed mainly on the ground that respondent No.3 is not the competent authority to pass the order impugned and to place the petitioner under suspension. Thus, the core question which emerges for adjudication is whether respondent No.3 is competent to place the petitioner under suspension or not?

(3.) For deciding the issues involved in the case, the important facts are required to be mentioned which are that the petitioner was initially appointed as Sub- Engineer on 06.11.1989 in the erstwhile Special Area Development Authority (SADA). The SADA was later on abolished and the services of the petitioner were merged in State Municipal Services on the post of Sub-Engineer in the year 1996. The petitioner was thereafter promoted to the post of Assistant Engineer vide order dated 22.01.2016.