BHUPAL SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) HEARD . 1. Order dated 2.9.2013 passed by Commissioner, Shahdol Division Shahdol whereby the petitioner Assistant Director/ Assistant Soil Conservation Officer, Farmers Welfare and Agricultural Development Department, Shahdol, has been placed under suspension, is assailed vide this petition on the ground that it is beyond the competence of a Divisional Commissioner to suspend Class I Gazetted Officer.

(2.) IT is not in dispute that the petitioner is Class I Gazetted Officer and his appointing authority is the State Government.

(3.) ON the strength of Rule 9 of the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966, it is contended by learned Senior Counsel that, neither the Divisional Commissioner is an appointing authority, nor the departmental enquiry is contemplated as would sustain the suspension order.