JAGDISH PAL Vs. STATE & ORS.

JUDGEMENT

(1.) XXXXXXXXXX.

(2.) CHALLENGING the suspension of the petitioner and the order Annexure -P6 dated 24.2.2012, rejecting his appeal on the ground of delay, petitioner has filed this writ petition. Petitioner is working as Pump Attendant in Government Polytechnic College, Khirsadoh, Tehsil -Paradiya, District -Chhindwara. Vide order dated 2.5.2011 passed by the Collector Chhindwara, petitioner was placed under suspension, petitioner continued to be under suspension for a period of more than 80 days and after a period of 80 days, a charge -sheet was served on the petitioner, however, it is pointed out that the charge -sheet is not served in accordance with requirement of Rule 9(2 -a) and (2 -b) of M.P. Civil Services (Classification, Control and Appeal) Rules, 1966 and it was incomplete and the particulars and documents pertaining to the charge -sheet were not served on the petitioner. That apart the same is issued in violation to Rule -9(2 -a) of the Rules 1966.

(3.) HAVING heard learned counsel for the parties and on perusal of the records, I am of the considered view that rejection of the appeal on the ground of delay was not proper. Even if, there was some delay in filing the appeal challenging the order of suspension, the competent authority should take note of the fact that the suspension was continuing and one of the grievance of the petitioner was that the charge -sheet was issued contrary to the rules and the suspension is illegal, issuance of charge -sheet is improper. The appeal filed by the petitioner cannot be termed as time barred.