RASHMI REKHA MISHRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition takes exception to the order dtd. 18/04/2023 whereby the petitioner, Principal, Government Ayurvedic College, Burhanpur is placed under suspension.

(2.) In short, the admitted facts between the parties are that after placing the petitioner under suspension on 18/04/2023, the Department has issued a charge-sheet to the petitioner on 14/07/2023 (Annexure IA-1) filed with I.A.No.15567 of 2023. The case of petitioner is that suspension order does not contain any reason for placing the petitioner under suspension. It is passed in a routine manner without application of mind. Subsequently, while issuing the charge-sheet, certain subsequent events were taken into account which were not available at the time of issuance of suspension order and therefore, suspension order is liable to be interfered with.

(3.) Shri Sanjay K. Agrawal, learned counsel for the petitioner by reading all the charges one by one urged that none of the charges are so grave which requires suspension of the petitioner. For stale allegations, petitioner is placed under suspension. He placed reliance on the judgment of Apex Court in (1994) 4 SCC 126 State of Orissa vs. Bimal Kumar Mohanty and judgment of this Court in Smt. Nahid Jahan vs. State of M.P. and others (W.P.No.14176 of 2017). Lastly, it is submitted that return shows that petitioner is placed under suspension as per the direction of the concerned Minister. Thus, petitioner has no efficacious alternative remedy and suspending a Class-I Officer on the dictate of Minister is unknown to service jurisprudence. Reliance is also placed on the judgment of Dr. G.C. Chourasiya vs. State of M.P. and others (W.P.No.29521 of 2022).