BRAHMADUTT GUDTA Vs. MUNICIPAL CORPORATION GWALIOR

JUDGEMENT

(1.) The order of suspension passed against the petitioner is being challenged. The challenge is made on the ground that the respondents did not serve the charge-sheet within a period specified in the rules. To be more precise, it has stated that under the rules the charge-sheet is required to be served within forty-five days of the order of suspension. The petitioner places specific reliance on Rule 9 (2-a) of the Madhya Pradesh Civil Services Classification, Control and Appeal) Rules, 1966. This rule reads as under:

(2.) On plain reading of the above rule comething can be said in favour of the petitioner The charge-sheet was been served upon the petitioner after forty five days. But the fact remains that enquiry in this case has since proceeded and some witnesses have already been examined. As such, it would, not be apt to interfere with the order of suspension at this stage. The fact that the competent authority can pass a fresh order under rule 5 (b) has been taken note of for coming to this conclusion.

(3.) As a matter of fact in Government of A. P. v. V. Sivaramant AIR 1990 SC 1157, in somewhat similar circumstances, the Supreme Court upheld the order of suspension. In view of the above the following directions are given :