VIKRAM PATEL Vs. M P STATE ELECTRICITY BOARD

JUDGEMENT

(1.) This is an intra-court appeal under section 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, against the order of the learned single Judge dated 6.12.2010, dismissing the appellant's Writ Petition No.16498/2010, for quashing the order dated 3.11.2010, whereby his application seeking permission to join the duty and to take him back in service, has been rejected.

(2.) It appears that the appellant was working as a Paricharak Grade-II (Line) in the office of the respondent No.2. However, he was placed under suspension with effect from 30.6.2010 and remained in custody till 3.7.2010 because of his conviction and sentence to undergo one year rigorous imprisonment and fine of Rs. 8 Lacs, 1.5 Lacs and 2 Lacs respectively, by the Judicial Magistrate First Class, Katni, in Criminal Case Nos. 1364/2010, 1365/2010 and 1366/2010. The aggrieved appellant challenged the order of suspension before this Court in Writ Petition No. 10817/2010, which was dismissed by the learned single Judge vide order dated 16.8.2010, which was also affirmed by the Division Bench in Writ Appeal No.838/2010 vide order dated 21.10.2010. However, as a memorandum memo of charges was not served upon him within 90 days with effect from the date of suspension, he submitted his joining on 28.10.2010 (Annx.P/6) with the request to accept the same. The aforesaid request was turned down by the order dated 3.11.2010 which has been impugned in the writ petition and in this appeal.

(3.) The learned counsel for the appellant, vehemently, contended that since no charge sheet was served within the period of 90 days from the date of order of suspension, the appellant has to be permitted to join the post and perform the duties in view of the proviso to Rule 9(2) of the M.P. Civil Services (Classification, Control & Appeal) Rules, 1966 (hereinafter referred to as the Rules of 1966 for brevity). It is submitted the that the proviso to the aforesaid rule provides that a copy of the charges and the documents mentioned therein are to be served on the suspended Government servant within a period of 90 days from the date of order of suspension. It is contended that since till date the charge sheet has not been issued to the appellant, the order of suspension stands revoked in view of the aforesaid proviso and, thus, the impugned order dated 3.11.2010 rejecting his application for permitting him to join his duties deserves to be quashed and consequently the respondents be directed to permit the petitioner to perform his duties.