SUNIL KUMAR SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner is working as Assistant Grade -3 in the office of the respondent No. 3. He was placed under suspension vide order of the respondent No. 2 on 20th October, 2010. THE charge sheet was issued by the respondents to the petitioner on 4.12.2010. THE inquiry pursuant to the charge sheet is in progress against the petitioner.

(2.) The petitioner has filed this writ petition under Article 226 of the Constitution of India for directions against the respondents that he may be allowed to contiune in service as according to him, the effect of suspension order has ceased after lapse of period of 45 days as provided in law.

(3.) Upon giving my anxious consideration to the above submission made on behalf of the petitioner, I have not been able to persuade myself to agree with his submission. It is true that in terms of provisions contained in Rule 9 (5) (a) of the M.P. Civil Services (Classification, Control & Appeal) Rules, 1966, in case, charge sheet is not issued within 45 days of the date of suspension then the suspension automatically comes to an end. However, in the present case, I find that the charge sheet was issued by the respondents to the petitioner i.e. 20th October, 2010. Section 12 (1) of the Limitation Act, 1963 provides that the day from which period of limitation is to be reckoned has to be excluded. If, we exclude the date of suspension i.e.20th October, 2010 then the charge sheet issued by the respondents to the petitioner on 4.12.2010 comes within 45 days period prescribed in Rule 9 (2) of the M.P. Civil Services (Classification, Control & Appeal) Rules, 1966.