PARMAL SINGH TOMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition has been filed by the petitioner challenging the order of suspension dated 3.12.2008. The petitioner is employed on the post of Inspector and the said order of suspension has been passed in contemplation of departmental enquiry.

(2.) The order impugned in the petition is being challenged on the ground that the petitioner, an Inspector of Police being a Gazetted Officer, cannot be suspended by the order of the Superintendent of Police and as such it is contended that the order of suspension passed by the Superintendent of Police is without any jurisdiction and authority.

(3.) Learned counsel for the petitioner submits that the State Government has issued an order dated 11.4.2008 (Annexure P-4) wherein it has been decided that the incumbents who are promoted or appointed directly in the pay scale of Rs.6500-10500 shall be declared Gazetted Officers. On this basis it is contended that the petitioner, an Inspector, being a Gazetted Officer in the pay scale of Rs.6500-10500, the M.P. Civil Services (Classification, Control and Appeal) Rules, 1966 (for brevity "the 1966 Rules") are applicable to him and not the Police Regulations. The aforesaid argument has been advanced by the learned counsel for the petitioner on the basis that under the Police Regulations No.221(d) the power is vested with the Superintendent of Police of the concerned District to suspend the Inspector. It is also contended that the State Government is the appointing authority for the category of the Gazetted Officer and the order of suspension since has not been passed by the State Government, therefore, the order of suspension is bad in law.