S K TRIPATHI Vs. STATE OF M P

JUDGEMENT

(1.) INVOKING the extra-ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India the petitioner has prayed for issue of a writ of certiorari for quashment of order dated 12-5-2009, Annexure P-l, whereby the Commissioner, Narmadapuram Division, Hoshangabad, the 2nd respondent herein, has placed him under suspension in exercise of powers under rule 9 of the M. P. Civil Services (Classification, Control and Appeal) Rules, 1966 (for short 'the 1966 Rules' ).

(2.) THE facts which are imperative to be stated are that the petitioner, district Education Officer, was placed under election duty by order of the competent Authority dated 30-4-2009 as per Annexure P-6. While he was assigned the election duty, the order of suspension came to be passed by the respondent No. 2 on 12-5-2009.

(3.) THOUGH many an averment has been put forth in the petition criticizing the order of suspension, Mr. Sujoy Paul, learned Counsel for the petitioner in course of hearing restricted his submission to a singular ground that the petitioner while on election duty could not have been suspended by the respondent No. 2. To bolster the said submission he has commended me to a division Bench decision rendered in Umesh Singh Yadav Vs. Collector/district returning Officer, Balaghat, 1992 MPLJ 173.