ASHOK KUMAR BHAMOLIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner who is working on the post of Chief Municipal Officer at Municipal Council Sarangpur, District Rajgarh is challenging the legality or validity of the order dtd. 15/6/2022 passed by the Respondent no.1, whereby, the petitioner has been suspended from the post of Chief Municipal Officer, on account of raid by Lokayukt police.

(2.) The challenge is made mainly on the ground that the order of suspension of the petitioner is illegal and arbitrary as the petitioner has not been detained for 48 hours by the police, therefore, there could not have been any deemed suspension under sub-sec. 2 of sec. 36 of MP State Municipal Service (Executive) Rules, 1973.

(3.) It is further submitted that as per the circular dtd. 23/2/2012 of General Administration Department in the cases of raid by Lokayukt, the employee has to be transferred. It is further urged that similarly situated persons against whom the raid was conducted by the Lokayukt have been transferred and they have not been placed under suspension. The petitioner has already submitted a representation to the Respondent no.1 on 16/8/2022.