VINAYAK PRASAD TIWARI Vs. STATE OF M.P.

JUDGEMENT

(1.) The present petition has been filed challenging the suspension order dtd. 21/03/2023, charge sheet dtd. 26/04/2023 and enquiry report dtd. 09/08/2024.

(2.) The petitioner is working on the substantive post of Uchcha Madhyamik Shikshak and at the relevant time was posted as In-charge Principal of Government Higher Secondary School, Chandia, District Umaria. There was an allegation against the petitioner that he was Centre Superintendent in the School in the examination being conducted by the Board of Secondary Education for Class XIIth Board Examination and on 21/03/2023 there was paper of Mathematics subject. It was alleged that the confidentiality of the said paper was violated and PDF of question paper was sent by Centre Superintendent and Assistant Superintendent before start of examination to one Shri Naman Kol and Shri Kol had forwarded the solved answers in the mobile phone of the petitioner, which the petitioner forwarded to the mobile phone of Amit Mishra, another teacher. Therefore, the allegation is of violating the secrecy of Board examinations while being Principal and Centre Superintendent.

(3.) The petitioner has called into question the entire action only on the ground that since the petitioner is a Class-II employee, therefore, the Collector has no authority and competence under the powers delegated to him in terms of Rules i.e. M.P. Civil Services (CCA) Rules, which vests authority only for minor penalties and suspension for Class-III employees within the district, whereas the powers of Class-II employees either vests in the Appointing Authority or in the Disciplinary Authority or Divisional Commissioner. Therefore, it is contended that the Collector not being a Disciplinary Authority of Class-II employees, could not have suspended the petitioner or issued charge sheet or get enquiry instituted and conducted against the petitioner.