SUJOY PAUL
Ramhet Tyagi – Appellant
Versus
State of M. P. – Respondent
1. Shri Brijesh Sharma, learned counsel for the petitioner submits that the order dated 23.6.211, whereby the petitioner, Assistant Grade 2, is placed under suspension is bad in law. The singular contention of the petitioner is that admittedly the Collector of the district is delegated with the power under rule 9 of Madhya Pradesh Civil Services (Classification, Control and Appeal Rules, 1966 (hereinafter called "Rules of 1966") to place class 3 employees under suspension. However, his contention is that Annexure P-l dated 23.6.2011 is not an order issued and passed by the Collector but it is an order issue by District Education Officer. Shri Sharma submits that admittedly the District Education Officer is not competent to place the petitioner under suspension. Further contention of learned counsel for the petitioner is that merely writing -- "ordered by Collector" in Annexure P-l will not make it an order issued and passed by the Collector.
2. Elaborating further learned counsel for the petitioner submits that under rule 9 of the Rules of 1966, which reads as under:
"9(1) The appointing authority or any authority to which it is subordinate or the disciplinary authority or any
1. (Union of India and another v. Kartick Chandra Mondal and another) = (2010)2 SCC 422
3. Barium Chemicals Ltd v. Company Law Board = [AIR 1967 SC 295:(1966) Supp. SCR 311]
4. Mangulal Chunnilal v. Manilal Maganlal = [AIR 1968 SC 822 : (1968)2 SCR 401]
8. (Govind Kumar Sen v. State of M.P. and others) = 2007(1) MPLJ 517
10. Shamrao v. State of Maharashtra = [(1964)6 SCR 446
12. Harichand Aggarwal v. Batala Engineering Co. Ltd. = [AIR 1969 SC 483]
13. Union of India v. P.K. Roy = [AIR 1968 SC 850]
5. Rameshwar Jute Mills Ltd. v. Union of India = [AIR 1986 Pat. 288]
9. (State of M.P. and others v Dr. Yashwant Trimbak) = 1996 JLJ 322
11. State of Bihar v. Rani Sonabati Kumari = [(1961)1 SCR 788
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.