VINOD KUMAR SHUKLA Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant is a Sub-Engineer working in the RES Division at Satna in the State of Madhya Pradesh. By an order dated 3-10-2007 passed by the divisional Commissioner, Rewa, the appellant has been placed under suspension in contemplation of disciplinary proceedings. Aggrieved, the appellant filed W. P. No. 14889/2007 (S) before this Court challenging the order of suspension and by an order dated 26-10-2007 the learned Single Judge while admitting the writ petition directed that the interim relief shall be considered after the respondents file the reply. Aggrieved by the order dated 26-10-2007 of the learned Single Judge in W. P. No. 14889/2007 (S), the appellant has filed this appeal.

(2.) MR. Dilip Pandey, learned Counsel for the appellant submitted that the learned Single Judge should have stayed the order of suspension passed by the Divisional Commissioner, Rewa while admitting the writ petition because the order of suspension is without jurisdiction. He submitted that the State government in the circular dated 15-2-1999 in Annexure A-2 has clarified that divisional Commissioner has no power to place Class I and Class II officers under suspension.

(3.) MR. Rahul Jain, learned Deputy Government Advocate, on the other hand, submitted that under Rule 9 (1) of the Madhya Pradesh Civil services (Classification, Control and Appeal) Rules, 1966 (hereinafter called as 'the Rules'), the Appointing Authority or any authority to which it is subordinate or the Disciplinary Authority or any other authority empowered in that behalf by the Governor by general or special order, may place a Government servant under suspension where a disciplinary proceeding against him is contemplated or is pending. He submitted that under sub-rule (2) of Rule 12, the Governor by a general or special order may specify an authority to be the Disciplinary authority for the purposes of imposing penalties in Rule 10 of the Rules and in exercise such powers under sub-rule (2), the State Government has issued an order published in the notification dated 13-8-1997 by which the Governor of madhya Pradesh has empowered all Divisional Commissioners of the State to impose the penalties specified in clauses (i) to (iv) of Rule 10 of the Rules on class I and Class II officers (except the officers of the Judicial Services and the police Department) of the State Government posted within their respective divisions. He submitted that since the Divisional Commissioner is the disciplinary Authority empowered to impose penalties specified in clauses (i) to (iv) of Rule 10 of the Rules, as such Disciplinary Authority is also empowered under Rule 9 to place a Government servant under suspension where , disciplinary proceeding against him is contemplated.