ANAND SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT has filed this writ appeal under Section 2 (1) of Madhya pradesh Uchcha Nyayalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005, against the order dated 18-10-2006 passed by the Hon'ble Single Judge in W. P. No. 4695/2006 (S ).

(2.) BRIEF facts of the case are that the appellant is an employee of Nagar panchayat, Phoopkalan. He was working on the post of Revenue Inspector. Thereafter, he was promoted on the post of Accountant; but after sometime the order of Accountant was cancelled, which is also under challenge in some other writ petition. The State Government vide order dated 18-5-2005 (Annexure p-2) for administrative reasons appointed him as an Incharge Chief Municipal officer of Nagar Panchayat Phoopkalan, District Bhind. He continuously worked on this post and discharged the duties of the Chief Municipal Officer. Vide another order dated 19-7-2006, the Commissioner-cum-Secretary, Urban administration and Development M. P. suspended the appellant from the post of chief Municipal Officer because of committing some irregularities as an incharge Chief Municipal Officer, Phoopkalan.

(3.) APPELLANT challenged the aforesaid order of suspension in W. P. No. 4695/06 (S ). His main contention is that his original post is Accountant and he is governed by the M. P. Municipalities (Recruitment and Conditions of Services)Rules, 1968, (hereinafter for short referred to as "rules of 1968"), therefore, his lien has not been changed. He has not been promoted as a regular C. M. O. , therefore, as per the Rules of 1968, an employee of Nagar Panchayat can only be suspended by the Nagar Panchayat and not by the State Government or by the commissioner-cum-Secretary, Urban Administration and Development M. P. , therefore, the order of suspension is without jurisdiction.