DEVENDRA SINGH KIRAR Vs. STATE OF M P

JUDGEMENT

(1.) Since the common question of law is involved in these matters, the matters are analogously heard and decided by this common order.

(2.) The core issue needs to be decided in this matter is whether the petitioners, Panchayat Secretaries, can be placed under suspension by the Collector ?

(3.) It is the common ground raised by the petitioners that the petitioners are Panchayat Secretary, whose service conditions are governed by Madhya Pradesh Panchayat Service (Gram Panchayat Secretary Recruitment and Conditions of Service) Rules, 2011. As per these rules, the appointing authority of the petitioners is Chief Executive Officer. The petitioners are already absorbed as per these 2011 Rules. Thus, as per M.P. Panchayat Service (Discipline and Appeal) Rules, 199 (for brevity, the D&A Rules ), the Collector is not competent to place the petitioner under suspension.