LAWS(MPH)-2006-11-103

GOVIND KUMAR SEN Vs. STATE OF M.P.

Decided On November 23, 2006
Govind Kumar Sen Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) BY filing this petition under Article 226 of the Constitution of India, Petitioner has assailed the validity of the order passed by the Respondent No. 3, Shri R.M. Pandey, City Engineer, in -charge Commissioner Municipal Corporation, Ratlam dated 22 -4 -2006 Annexure -P/1, by which he is placed under suspension.

(2.) IT is the case of Petitioner that as per order Annexure -P/2 dated 16 -5 -2000 passed by the Respondent No. 2, he was promoted as Revenue Officer in the scale of 5500 -9000/ - , however, the appointing authority of Petitioner is the Commissioner Municipal Corporation, Ratlam. The Commissioner was required to appear in a Court case at Sagar, however, his general charge was delivered to Respondent No. 3 vide note -sheet dated 20 -4 -2006 filed as Annexure -R/6. This note -sheet of delivery of charge is signed by the Commissioner itself and approved by Respondent No. 4. (Mayor)

(3.) PER contra, Respondents have filed their return and in the return, it is said that because of Petitioner has not carried out the instructions of Respondent No. 4 i.e. Mayor and mis -behaved with her. Therefore, in terms of oral instructions issued by Respondent No. 4 Petitioner was placed under suspension. However, it is said that order of suspension has rightly been passed by the Respondent No. 3. It is further said that Petitioner has already been served with the charge -sheet as per Annexures -R/1 and R/2, for alleged misconduct, therefore, interference in the matter of suspension is not permissible.