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2021 Supreme(Chh) 58

SANJAY K.AGRAWAL
Panchu Ram Thakur S/o Late Rati Ram Thakur – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Ashok Patil.
For the Respondent: Mr. Sunil Otwani.

ORDER :

1. Proceedings of this matter have been takenup through video conferencing.

2. The short question involved in this writ petition is whether the Commissioner, Raipur Division/respondent No. 2 (Disciplinary Authority) in exercise of his power delegated under Section 12(2) of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 (hereinafter called as “Rules of 1966”) is justified in placing the petitioner (Class II gazetted officer) under suspension by the impugned order dated 18.5.2016 (Annexure P1) and further justified in changing his headquarter.

3. The aforesaid question has arisen in following factual backdrop:

    3.1 The petitioner was appointed on the post of Child Development Project Officer on 26.12.1996 (Annexure P2) by the State Government. He was placed under suspension by respondent No. 2 by order dated 18.5.2016, which is sought to be quashed by way of this writ petition on the ground that the petitioner's appointing authority is the State Government and respondent No. 2/Commissioner, Raipur Division is neither his appointing authority nor it is disciplinary authority and as such, power to suspend under Rule 9(1) (a) of the Rules of 1966 cou

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