1. This petition has been filed by the petitioner invoking the jurisdiction of this Court under Article 226 of the Constitution of India challenging the order Annexure P-5 dated 21.1.2006 by which petitioner, who is Head Clerk-cum-Accountant posted at Nagar Panchayat Bagli, District Dewas has been placed under suspension by the order of Collector, District Dewas.

2. It is the case of petitioner that he was initially appointed in the Nagar Palika Bagli as LDC vide Annexure P-1 and promoted as Head Clerk-cum-Accountant as per resolution No.31 dated 6.12.1994. The order of his promotion was confirmed by the Director of Urban Administration and Development, Government of M.P. on 2.6.1995 vide Annexure P-2. However, it is urged that he is appointed in the Municipal Council Bagli under the provisions of section 94 sub-section (4) of the Municipalities Act, 1961 (hereinafter called as "the Act"). Under sub-section (4) of section 94 of the Act, a municipal employee may be placed under suspension by the President in Council constituted under section 70 of the Act, which is the disciplinary authority under M.P. Municipal Employees Recruitment and Conditions of Service Rules, 1968