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1997 Supreme(SC) 568

K.RAMASWAMY, D.P.WADHWA
A. K. Jadhav – Appellant
Versus
State Of M. P. – Respondent


ORDER

Leave granted.

2. While the appellant was working as a Tehsildar, a trap was laid on March 20, 1996 pursuant to the information of his demanding and accepting an illegal gratification of Rs. 20,000/- which is not in consonance with the dignity of the post he held nor is it a legal remuneration. On March 21, 1996, the Commissioner suspended the appellant pending investigation. The appellant questioned the competency of the Commissioner which was negatived by the Administrative Tribunal, Jabalpur Bench by order dated October 14, 1996 made in OA No. 2193/96. Thus, this appeal by special leave.

3. Shri Shiv Sagar Tiwari, learned counsel for the appellant, contends that by virtue of definition of "appointing authority" under Rule 2(a) of the Madhya Pradesh Civil Services (CCA) Rules, 1966 (for short, the Rules ), the appointing authority of the Tehsildars and Naib Tehsildars being the State Government, the Commissioner was devoid of jurisdiction or power to suspend the appellant, pending investigation. In support hereof, he seeks to place reliance on the judgment of this Court in U.P. Rajya Krishi Utpadan Mandi Parishad & Ors. v. Sanjiv Rajan1. The question for consideration is : wh









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