AMJAD GANI Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition filed under Article 226 of the Constitution, challenges the order dated 06.03.2013 (Annexure P/1) whereby the petitioner is placed under suspension by the State Government. Petitioner has also challenged the report (Annexure P/2) dated 15.01.2013, issued by respondent No.5 (Naib Tahsildar).

(2.) SHRI R.B.S. Tomar, learned counsel for the petitioner submits that the impugned suspension order is based on Annexure P/2. Naib Tahsildar has no authority to enquire into the allegation against the petitioner nor had any competence to enquire about any irregularities or shortage in the store of Municipality. By drawing attention of this Court on the charge sheet dated 07.05.2013 (Annexure R/1) Shri Tomar submits that the foundation for issuance of charge sheet is the report of Naib Tahsildar (Annexure P/2) and, therefore, the entire foundation is vitiated.

(3.) I have heard the arguments advanced at par and perused the record.