ORDER :

1. Petitioner, a Panchayat Extension Officer, is before this court aggrieved against an order dated 24.03.2020 (Annex.5) passed by the District Collector, Pali (respondent No.2), inter alia, asserting that the respondent No.2 is neither his appointing authority nor the disciplinary authority and, therefore, is not vested with any power to pass the impugned order to suspend the petitioner from service pending the departmental proceedings.

2. Petition was filed sometime in March, 2020, and has remained pending ever since. However, a Coordinate Bench of this Court (then seized of the matter) passed an order dated 19.05.2020, which, being apposite, is reproduced hereinbelow: -

“Heard Mr. Manish Patel, learned counsel for the petitioner through Jisti Meet App.

Learned counsel for the petitioner has submitted that he will remove the defects pointed by the Registry at the earliest.

It is further submitted by learned counsel for the petitioner that the petitioner is working as Panchayat Extension Officer and the Appointing Authority of the petitioner is State Government whereas he has been placed under suspension by the District Collector, Pali vide order dated 24.3.2020. It is argued that the District Collector, Pali has no authority to suspend the petitioner and only the State Government which is his Appointing Authority can exercise the said power.

Learned counsel for the petitioner has placed reliance on an order dated 19.2.2020 passed by Coordinate Bench of this Court in S.B. Civil Writ Petition No.2265/2020.

Issue notice to the respondents. Notices are made returnable within three weeks.

Meanwhile, effect and operation of order dated 24.3.2020 passed by the District Collector, Pali shall remain stayed.”

3. A perusal of the above order reflects that the interim protection was granted to the petitioner in light of the submission made by learned counsel for the petitioner that a District Collector is not vested with the power to pass the impugned order.

4. The position in this regard is fortified by two administrative orders dated 21.04.2015 & 24.10.2017 (Annex.4) passed by the Chief Secretary of the State, which are addressed to all the District Collectors, wherein, it has been specifically instructed that with regard to the Panchayat Extension Officer working in the Panchayati Raj Departments, neither any transfer orders nor any suspension orders nor any disciplinary proceedings can be passed/ initiated by the District Collectors. It is upto the competent appointing authority/department to take any such actions in accordance with law qua those officers.

5. In course of hearing today, on a Court query, learned counsel appearing for the respondents does not controvert that the Chief Secretary had indeed issued aforesaid administrative instructions to all the District Collectors in the State.

6. In the premise, I am of the view that no further response by way of filing any affidavit or reply to the writ petition is warranted on the part of the respondents.

7. Suffice, in view the clear administrative instructions issued by the Chief Secretary ibid, the respondent No.2 – District Collector was indeed not vested with any power to suspend the petitioner pending the departmental proceedings, if any.

8. On that ground alone, the impugned order dated 24.03.2020 (Annex.5) is set aside. However, the respondent No.1 – Competent Appointing Authority is at liberty to take any further action against the petitioner, if so warranted, in accordance with law and as per the applicable Service Rules.

9. The petition is accordingly disposed of.

10. All pending application(s), if any, also stand disposed of.