JAGDISH RATHORE Vs. STATE OF M P

JUDGEMENT

(1.) Petitioner by filing this petition has challenged the order of suspension dated 13.6.2006, which is Annexure P-1 to the petition. By this order petitioner has been suspended in exercise of the powers conferred under the M.P. Civil Services (Classification, Control and Appeal) Rules, 1966 (for brevity "the Rules of 1966"). The order of suspension has been passed by the Collector on the basis of the allegation that he has interpolated the map. The petitioner has also challenged the charge-sheet, which is Annexure P-2 to the petition. The Collector has passed the order of suspension and issued the charge-sheet in pursuance to the order Annexure P-13 dated 21.3.1996 by which the State Government has directed that the Collector shall have power to suspend all Class-III and Class-IV employees.

(2.) Learned counsel for the petitioner submitted that petitioner is an employee whose services are governed by the Madhya Pradesh Irrigation Department Work Charged and Contingency Paid Employees Recruitment and Conditions Service Rules, 1977 (for brevity "the Rules of 1977"). It is contended by the counsel that petitioner is not a permanent or regular employee, therefore, petitioner being an employee governed by the Rules of 1977, the provisions of the Rules of 1966 shall have no application and the petitioner cannot be kept under suspension by the Collector.

(3.) While filing the return the State Government has also not denied the fact that the petitioner belongs to the work charged establishment. On the basis of the same it is to be concluded that the petitioner belongs to work charged services and his services are governed by the Rules of 1977.