RAJENDRA SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS is an appeal under Section 2 (1) of the M. P. Uchcha niyayalaya (Khand Peeth Ko Appeal) Adhiniyam 2005, against the order dated 1. 4. 2009, passed by the learned Single Judge in Writ Petition No. 5473/08 (S ).

(2.) THE facts in brief are that the appellant was working as Assistant Manager in m. P. Khadi Gramodyog Board, Badwani. He has been placed under suspension by an order dated 4th March 2008 on the ground that criminal proceedings under Sections 13 (1) (d) and 13 (2) of the Prevention of Corruption Act read with Sections 120-B and 406 of the I. P. C. , have been initiated against the appellant. Aggrieved by the order of suspension, the appellant filed W. P. No. 5473/08 (S) before this Court and the learned single Judge dismissed the writ petition by the impugned order dated 1. 4. 2009.

(3.) MR. N. S. Bhati, learned counsel for the appellant submitted that a reading of the impugned order dated 1. 4. 2009, passed by the learned Single Judge would show that the learned Single Judge has accepted the stand taken by the respondents in the writ petition that the appellant has been placed under suspension, in view of the mandatory provision under proviso to Rule 9 (1) of the M. P. Civil Service (Classification, Control and Appeal) Rules, 1966, as amended with effect from 17th april, 1996 (for short 'the Rules' ). He submitted that the proviso to Rule 9 (1) of the Rules provides that the Government servant has to be placed under suspension where the prosecution is sanctioned by the Government, but in this case the government is yet to sanction prosecution against the appellant and, therefore, the suspension order is illegal and liable to be quashed and this aspect of the matter has not been considered by the learned Single Judge. He also cited a copy of the order dated 26. 05. 08 in W. P. No. 6501/08 in which the learned Single Judge has stayed the order of suspension of two persons working as Dy. Director and assistant Manager of Khadi Gramodyog.