SHASHIDHAR JOSHI Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition has been filed under Articles 226 and 227 of the Constitution of India, challenging the order of suspension Annexure P-14, dated 4-9-2006 passed by respondent No. 2,i. e. , Commissioner-cum-Secretary, Urban administration and Development Department, Govt. of M. P. , Bhopal, by which the petitioner who is the Chief Municipal Officer, Nagar Panchayat, Dhamnod has been placed under suspension.

(2.) IT is the case of the petitioner that he was the Chief Executive officer in the Special Area Development Authority which is popularly known as sada. In the year of 1994 all the Special Area Development Authorities were abolished, and their employees were absorbed in the Municipal Councils; as per the notification issued by the Government of Madhya Pradesh. The Chief executive Officers of SADA have been treated as Chief Municipal Officers in the Municipal Councils. To demonstrate this fact various Govt. orders annexures P-2 to P-8 have been filed, and it is urged that as per the order dated 12-6-2006 passed by respondent No. 2, he was transferred from Nagar panchayat, Dhamnod, District Dhar to Nagar Panchayat, Hatpiplya, District dewas. That order was challenged by him by filing the W. P. No. 2292/2006, wherein on 15-6-2006 notices were issued to Government, and the interim relief to stay such order of transfer dated 12-6-2006 was granted by this Court in favour of petitioner. Subsequently Government of M. P. itself, has passed the order annexure P-13, dated 2-8-2006; cancelling the order of transfer dated 12-6-2006. It is said that after such cancellation of transfer and on rejoining by petitioner, respondent No. 2 has passed the order dated 4-9-2006, placing him under suspension; with the prejudice mind, because, the order of transfer passed by him, was cancelled by the Government, after granting interim relief by this Court.

(3.) IT is the contention of learned Senior Counsel Shri A. K. Sethi that as per Section 87 of the Municipalities Act, 1961, his, Appointing Authority is the State Government. It is further urged that because of he is the member of the State Municipal Service (Executive ). However, under Section 87 (2), the state Govt. is empowered to frame the rules governing the service conditions of the members of the State Municipal Service (Executive ). In exercise of such powers the Government has framed the rules, which are known as M. P. Municipal Service (Executive) Rules, 1973 (hereinafter it shall be called as 'rules' ). As per Rule 36 members of the State Municipal Services may be placed under suspension by the Appointing Authority, if he is satisfied, to the nature of the charges and in the circumstances prevailing.