SANJAY SHIVHARE Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is listed for admission, however, the counsel for the respondents/State appeared on advance notice, hence with the consent of the parties, the appeal is heard and disposed of finally.

(2.) THE appellant has filed this appeal against the order dt.18.9.2013 passed by the learned Single Judge in W.P.No.4922/2013.

(3.) THE appellant was appointed on the post of Samvida Shala Shikshak Grade I by District Panchayat Morena. He was sent on deputation as Block Resource Centre Coordinator. Prior to deputation, he applied to the post and the Block Level Selection Committee consisting the Collector as President and other nine members interviewed the appellant and thereafter his services had been taken on deputation for maximum period of two years on the post of Block Resource Centre Coordinator. The order was passed by the Collector/Mission Director, District Morena. A copy of the order was filed as Annexure P/4 before the Writ Court. A show cause notice was issued to the appellant that he had not paid salary to the teachers and employees within time and he did not make entry in CPSMS, child tracking, VER, hence, he had contravened the provisions of Right to Education Act, 2009. The appellant submitted his reply. Thereafter, Chief Executive Officer/District Project Director, District Education Centre, Morena suspended the appellant vide order dt.12.7.2013. The appellant challenged the order before the Writ Court on the ground that the Chief Executive Officer/District Project Director, District Education Centre, Morena had no power and authority to place the appellant under suspension, hence, the order of suspension is without jurisdiction.