YUVRAJ SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Order dated 11.1.2013 is being assailed; whereby, the petitioner Sahayak Adhyapak (Shiksha Karmi Grade III), Government Middle School, Ankuri, Janpad Panchayat, Gohparu, has been placed under suspension for remaining unauthorized absent.

(2.) The impugned order having been passed by the Collector is the cause of challenge on the ground that with coming into force of Madhya Pradesh Panchyat (sic: Panchayat) Adhyapak Samvarg (Niyojan Avam Sewa Ki Sharten) Niyam, 2008, it is the Chief Executive Officer, Jila Panchayat is the disciplinary authority, whereas the Collector is the appellate authority. It is contended that the suspension by Collector, who is an appellate authority, is beyond his jurisdiction.

(3.) Respondents have refuted the contention raised by the petitioner that the Collector does not have the power to suspend. It is contended that the petitioner was initially appointed as Shiksha Karmi Grade III. That, by virtue of the provisions of Rules, 2008, his services were absorbed in Adhyapak Cadre as Sahayak Adhyapak. It is contended that by virtue of delegation of power under Rule 9 of Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966, Collector has been delegated with the power to suspend under Rule 9 and impose minor penalties under Rule 10 of 1966 Rules on Class III and Class IV employees (except Police personnel) posted in various department in his district.