LAWS(MPH)-2012-8-133

NAGAR PANCHAYAT BADARWAS Vs. SURESH KUMAR SHARMA

Decided On August 22, 2012
NAGAR PANCHAYAT BADARWAS Appellant
V/S
SURESH KUMAR SHARMA Respondents

JUDGEMENT

(1.) BY filing this review petition, it is stated that the respondent- employee is Assistant Revenue Inspector. Being Assistant Revenue Inspector, he does not fall within the Section 94(4) of the M.P. Municipalities Act (for short' "1961 Act"). The said employee falls under "other officers and servants" as per Section 94 of the 1961 Act and therefore, the interference made by this Court is required to be reconsidered. To elaborate, Shri Newaskar learned counsel for the review petitioners submits that this Court interfered on the assumption that the employee's case is covered by Section 94(4) of the 1961 Act, and therefore his disciplinary authority alone can place him under suspension whereas, the said employee being in a different category cannot get protection under the said pretext.

(2.) ON the contrary, Shri D.S. Raghuvanshi for the employee supported the order.

(3.) IT is profitable to quote Rule 51 of M.P. Municipal Employees (Recruitment and Conditions of Service) Rules 1968. The rule reads as under:-