LAWS(MPH)-2016-4-81

HYJINUS KERKETTA Vs. STATE OF M.P.

Decided On April 27, 2016
Hyjinus Kerketta Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) Competency of Commissioner, Rewa, Division Rewa in suspending the Petitioner, Principal Higher Secondary School, Singrauli and issuing the charge sheet is the issue raised in these two Writ Petitions.

(2.) In W. P. No.6546/2015 the challenge is to an order of suspension dated 24.04.2015 (Annexure P/3), which as evident therefrom is passed by the Commissioner, Rewa Division Rewa, in exercise of powers under Rule 9 (1) of M. P. Civil Services (Classification, Control and Appeal) Rules, 1966. Whereas in W. P. No.7975/2015 the challenge is to an initiation of departmental enquiry by issuing charge sheet on 19.05.2015.

(3.) Since competency of Commissioner, in suspending and issuing chargesheet has been questioned on the ground that he is not an Appointing Authority or the Disciplinary Authority or a Competent Authority conferred with the powers to suspend or initiate a departmental enquiry, we straight away go to relevant provisions, viz., Rule 9(1) and Rule 13 of Rules 1966. Sub -Rule (1) Rule 9 envisages: