S.S. GAUTAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed challenging the order dated 07/06/2019 (Annexure P-1) passed by Upper Secretary, State of MP, Higher Education, Bhopal by which the petitioner was placed under suspension.

(2.) It is submitted by the Counsel for the petitioner that the petitioner was arrested in Crime No. 100 of 2019 registered at police station Seodha, District Datia and had remained in custody for a period of more than 48 hours, therefore, he was placed under suspension in exercise of power under Rule 9(2)(a) of MP Civil Services (Classification, Control and Appeal) Rules, 1966 [in short ''the Rules, 1966'']. It is further submitted that since the charge sheet has not been issued within a period of 45 days, therefore, the suspension order is liable to be revoked. It is submitted by the counsel for the petitioner that although the suspension order is an appealable order, but since this petition has been filed seeking a direction to the respondents to revoke the suspension of the petitioner, therefore, the petition directly against the order of suspension is maintainable.

(3.) Heard the learned Counsel for the petitioner.